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2024 Supreme(Online)(Kar) 45636

KARNATAKA HIGH COURT
SRI KRISHNA NAIK – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


CAV ORDER

The petitioner is before this court calling in question registration of a crime in Crime No.120 of 2024 registered for offences punishable under Sections 409 and 420 of the IPC and pending before the Principal Civil Judge & JMFC, Karkala, Udupi District.

2. Heard Sri M Aruna Shyam, learned senior counsel appearing for the petitioner, Sri B N Jagadeesha, learned Additional State Public Prosecutor for respondent No.1, Sri V K Srikanth, learned counsel appearing for respondent No.2 and Sri Dinesh Hegde Ulepady, learned counsel appearing for respondent No.3.

3. The facts, in brief, germane are as follows:-

The facts in the case would begin from 23-08-2022, the date on which Government issues exemption to Udupi Nirmithi Kendra under Section 4(g) of the Karnataka Transparency in Public Procurements Act, 1999 (‘the Act’ for short). Pursuant to the exemption so granted, without notifying the tender, the petitioner was issued with a work order by Udupi Nirmithi Kendra to sculpt a Parashurama statue made out of bronze metal. The petitioner sculpted the statue, made it ready and was installed or erected on the intended site, as per the work order at the Theme Park, which consisted of f

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