ON

06.01.2023

AND

COMING

ON

PRONOUNCEMENT OF ORDER THROUGH VIDEO CONFERENCE

THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Crl.R.P.No.250/2022 is filed by the accused No.3 in

Spl.C.C.No.493/2015 pending trial before the XXXII

Additional City Civil and Sessions Judge and Special Judge

for CBI Cases at Bengaluru, challenging an Order dated

18.12.2021, by which, an application filed by him under

Section 227 read with Section 239 of Cr.P.C. was rejected.

2.

Crl.R.P.No.183/2022 is filed by the accused

No.2 in Spl.C.C.No.493/2015 pending trial before the

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XXXII Additional City Civil and Sessions Judge and Special

Judge for CBI Cases at Bengaluru (henceforth referred to

as 'Trial Court' for short) challenging an Order dated

18.12.2021, by which, the Court posted the case for

framing charge against all the accused.

3.

An investigation was set in motion by the

Lokayukta police in Crime No.61/2015 on the basis of a

written information dated 18.08.2015, furnished by Mr.D.

Udayashankar, who then was a Chief Engineer at

Karnataka Health System Development and Reform Project

(henceforth referred to as CW.1). CW.1 claimed that he

was earlier working as Superintendent Engineer, PWD,

Building Circle, Bengaluru, between May 2012 to March

2015 and was in-charge of maintenance of all Government

buildings including the office of the Lokayukta and the

official residence of Lokayukta. CW.1 alleged that on

05.02.2015, he received a call from a person named,

Krishna Rao and introduced himself as the Personal

Secretary of Lokayukta and informed that the Lokayukta

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wanted to speak to him. CW.1 alleged that on the same

day, he went to the official residence of Lokayukta at 6.00

p.m., where he met a person, who introduced himself as

Krishna Rao and he informed CW.1 to wait in the visitors

area. When CW.1 asked Mr. Krishna Rao whether there

was any problem in the official residence, he replied that

there was no problem but there could be some complaints

against CW.1, for which, he could be summoned.

Mr.Krishna Rao introduced accused No.3, who was present

and left CW.1 in the company of accused No.3. The

accused No.3 informed CW.1 that he would introduce him

to the Lokayukta and that CW.1 could speak to him.

However, a person walked into the visitors area and

accused No.3 introduced him to CW.1 as the son of

Lokayukta (Accused No.1). The accused No.1 informed

CW.1 that his mobile phone was under surveillance and

that there were lot of complaints against him. CW.1 denied

it and asked him the nature of complaint. However,

accused No.1 instructed CW.1 to talk to accused No.3 and

sort it out and went inside the house. Accused No.3

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advised CW.1 to settle the issue at the earliest and avoid

any problems in future. CW.1 requested the accused No.3

to disclose the nature of complaint and informed him that

the marriage of his daughter was scheduled and a DPC

was already held to consider his promotion as Chief

Engineer. He therefore requested accused No.3 not to

create trouble for him. The accused No.3 is stated to have

informed CW.1 that if the issue is not sorted, then the

marriage of his daughter and the prospect of his promotion

might be affected. CW.1, allegedly, apprehensive of the

above, requested accused No.3 as to what should be done.

The accused No.3 then allegedly demanded a sum of

Rs.3,00,00,000-00 and when CW.1 claimed that he did not

have that much of money, the accused No.3 asked CW.1

to pay at least Rs.2,00,00,000-00. CW.1 informed him that

he has to raise a loan to give the money or to draw his

GPF and pay him and postpone the marriage of his

daughter. To this, the accused No.3 is stated to have

informed CW.1 to decide what he should do and advised

him not to loose the opportunity. CW.1 alleged that since

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he apprehended that a raid by the Lokayukta could affect

the marriage of his daughter and his promotion, he met

accused No.3 at Atria Hotel and agreed to pay how much

ever possible. CW.1 later disclosed this to his friend

Venkataramana Gowda