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2024 Supreme(Online)(Kar) 45290
KARNATAKA HIGH COURT
MR. JUSTICE M. NAGAPRASANNA, J
SRI VINAY RAJASHEKHARAPPA KULKARNI – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent
CRL.P 12176 / 2024
SRI C.V.NAGESH, SR.ADVOCATE A/W SRI GAURAV N., ADVOCATE; SRI SANDESH J.CHOUTA, SR.ADVOCATE A/W SRI SUNIL KUMAR S., ADVOCATE; SRI SUDHANVA D.S., ADVOCATE; SRI KIRAN S.JAVALI, SR.ADVOCATE A/W SRI VIPIN KUMAR JAIN, ADVOCATE
The court ruled that the procedure for granting pardon under Section 306 must be strictly followed, and any deviation, such as recording a confession prior to granting pardon, renders the order illegal.
Headnote:(A) Criminal Procedure Code, 1973 - Section 306 - Tender of pardon to accomplice - Application for pardon by accused No.1 was dismissed due to lack of specific grounds and procedural irregularities in recording confession under Section 164 prior to granting pardon - The court emphasized that the procedure for granting pardon must be strictly adhered to, and any deviation renders the order unsustainable. (Paras 1, 20, 21, 26)
(B) Criminal Procedure Code, 1973 - Section 164 - Recording of confession - The court ruled that recording a confession statement under Section 164 before granting pardon is illegal and contrary to the statute, as the procedure must be followed post-pardon. (Paras 20, 21)
(C) Criminal Procedure Code, 1973 - Co-accused rights - Co-accused have the right to challenge the procedural legality of the order granting pardon but not the merits of the pardon itself. (Paras 24, 26)
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| 1. legal principles established (Para 7 , 8 , 9 , 11 , 12 , 14 , 15 , 16 , 18 , 19) |
CAV ORDER
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 one Smt. Mallavva Goudar alleging offence punishable under Section 302 of the IPC on the murder of her husband Yogesh Goudar, who was a member of Zilla Panchayat, Dharwad, against unknown persons. The complaint was registered before the Sub-Urban Police Station, Dharwad. The Police conduct investigation and file a charge sheet against 6 persons on 09-09-2016. The concerned Court took cognizance of the offence against those 6 accused for offences punishable under Sections 143, 147, 148, 120B, 302, 201 r/w Section 149 of the IPC and committed the case to the Court of Sessions. The Court of Sessions, in terms of its order dated 14-09-2017 registers the case as S.C.No.50 of 2017 and frames charges against accused Nos. 1 to 6. The trial continued for 2 years between 2017 and 2019, during which 63 witnesses were examined.
5. The mother and brother of the deceased prefer writ petitions before this Court in Writ Petition Nos.58183-58184 of 2017 seeking further investigation from the hands of the Central Bureau of Investigation (‘CBI’). The said writ petitions come to be dismissed on 01-03-2019. This becomes final, as the Apex Court in a challenge to the said order also dismissed the petitions. During the pendency of trial, an application comes to be filed by the brother of the deceased under Section 319 of the Cr.P.C. to array additional accused into the web of trial. This also comes to be dismissed. In the meanwhile, Government of Karnataka, in terms of its order dated 06-09-2019 accords sanction for conduct of further investigation at the hands of the CBI in respect of the crime in Crime No.135 of 2016. It is here the CBI enters the scene. The CBI on 24-09-2019 registers a fresh FIR in RC 17(S)/2019/CBI/ACB/BLR against accused Nos. 1 to 6 and other unknown persons for the offences punishable under Sections 143, 147, 148, 120B, 302, 201 r/w Section 149 of the IPC. Accused No.1 prefers writ petition before this Court in Writ Petition No.51012 of 2019 seeking quashment of order dated 06-09-2019 entrusting the matter to the CBI. This Court dismissed the petition in terms of its order dated 19-11-2019. Then begins complete investigation by the CBI.
6. First supplemental charge sheet was filed arraigning 14 accused in all, as against 6 that were arraigned earlier. A second supplemental charge sheet was filed arraigning 3 more accused on 30-01-2021. It is here the then Minister in-charge of Dharwad District comes into the web of trial as accused No.15. Investigation did not stop. A third supplemental charge sheet was filed by the CBI arraigning 4 more accused as accused Nos. 18 to 21. In all, the trial now is against 21 accused. The Special Court takes cognizance of all the supplement
