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M. NAGAPRASANNA
Vinay Rajashekharappa Kulkarni, S/o. Late Rajashekharappa Kulkarni – Appellant
Versus
Central Bureau Of Investigation, Anti-Corruption Branch, Bengaluru – Respondent
ORDER :
(M. Nagaprasanna, J.)
Batch of these petitions call in question a solitary order dated 30-10-2024, passed by the LXXXI Additional City Civil and Sessions Judge, Bengaluru in Special C.C.No.565 of 2021 whereby the concerned Court grants pardon to accused No.1/Basavaraj Shivappa Muttagi and considers him as an approver under Section 306 of the Cr.P.C.
2. Petitioner in Criminal Petition No.12176 of 2024 is accused No.15; petitioners in Criminal Petition No. 12188 of 2024 are accused Nos. 8 to 14; petitioner in Criminal Petition No.12492 of 2024 is accused No.16 and petitioner in Criminal Petition No.12479 of 2014 is accused No.19. Therefore, accused Nos. 8 to 16 and 19 in all are before this court in these petitions. Since these petitions call in question a solitary order, they are taken up together and considered by this common order.
3. For the sake of convenience, the pleadings and contentions in Criminal Petition No.12176 of 2024, which are common in all the petitions, are noticed.
4. Adumbrated in brief, the factual background, as projected by the petitioner/s are as follows:-
The history of the case dates back to 15-06-2016 on which day a complaint comes to be registered by on
The court ruled that a second application for pardon under Section 306 of the Cr.P.C. is maintainable only on changed circumstances, and recording a confession statement prior to granting pardon is i....
The provisions of Section 306(4)(a) of the Cr.P.C. are not attracted if an accused is tendered pardon after the commitment by the Court to which the proceeding is committed in exercise of powers unde....
Secrecy of crime and paucity of evidence, solely for the apprehension of the other offenders, recovery of the incriminating objects and production of the evidence otherwise unobtainable might afford ....
Revisional power under Section 397 read with Section 401 Cr.P.C. can be exercised by the Court suo-motu particularly to examine the correctness, legality or propriety of any finding, sentence or orde....
The grant of pardon is within the exclusive domain of the Court and is subject to the condition that the proposed approver makes a full and true disclosure of the circumstances within their knowledge....
The powers so vested with the Court or the learned Magistrate are with the holy purpose of advancement of the interest of justice and it leaves no vesting or arbitrary power upon him. As per Sub-sect....
Court clarified the procedure for granting pardon to accomplices under Section 306 Cr.P.C., emphasizing its critical role in prosecuting serious offenses while ensuring adherence to legal standards.
The court established that a trial court should not prejudge the merits of evidence when considering an application for granting pardon under Section 306 of the Code of Criminal Procedure.
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