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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31^ST DAY OF JANUARY 2022

BEFORE

THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV

CRIMINAL PETITION No.5305/2021

Between:

C.S.Puttaraju

S/o late Sannathamme Gowda

Aged about 57 years

R/at Chinakuruli Village

Pandavapura Taluk

Mandya District - 571 455.

… Petitioner

(By Sri Udaya Holla, Senior Advocate for

Sri R.Vybhav, Advocate)

And:

1.

State of Karnataka

Through Mandya West Police

Vidya Nagar NH-17

Bangalore Mysore Road

Mandya - 571 401

Represented by State Public Prosecutor

High Court Building

Bangalore - 01.

2.

Central Bureau of Investigation - ACB

No.36, Bellary Road,

Ganga Nagar

Bangalore - 560 032.

Represented by Special Public Prosecutor

Bangalore - 560 032.

3.

Mr.K.Mathai

Aged about 57 years

R

2

Son of Mr.Kuriakose

Commissioner,

Urban Development Authority

Bannure Road,

Besides Pump House

Mandya - 571 401.

… Respondents

(By Sri V.S.Vinayak, HCGP for R1;

Sri Prasanna Kumar, Spl. P.P. for R2;

Sri Nitin A.M., Advocate for R3)

*****

This Criminal Petition is filed under Section 482 of Cr.P.C.,

praying to quash the complaint dated 31.10.2013 lodged by the

3rd respondent (Annexure-A) and the FIR dated 01.11.2013 in

Crime No.370/2013 for the offence punishable under Sections

406, 409, 420 read with Section 34 of IPC before the Mandya

West P.S., Mandya (Annexure-B) and the FIR dated 23.12.2014

in CR.No.RC.21(A)/2014 for the offence punishable under

Section 120B read with Sections 406, 409, 420, of IPC and

Section 13(2) read with Section 13(1)(c)(d) of P.C. Act

registered by the CBI, ACB, Bangalore (Annexure-C) and the

charge

sheet

bearing

No.30/CBI/ACB/BLR/2015

dated

31.12.2015 filed by the CBI, ACB, Bangalore the 2nd respondent

herein (Annexure-D) and order dated 29.03.2021 passed in

Spl.C.C.No.577/2021 by the XLVI Additional City Civil and

Sessions and Special Judge for CBI Cases at Bangalore (CCH-47)

taking cognizance of the offence punishable under Sections

120B, 409, 420 of IPC and Section 13(2) read with Section

13(1)(c)(d)

of

P.C.Act

and

the

entire

proceedings

in

Spl.C.C.No.577/2021 pending on the file of the Court of the XLVI

Additional City and Sessions and Special Judge for CBI Cases at

Bangalore (CCH-47) (Annexure-E) insofar as the petitioner is

concerned.

This Criminal Petition having been heard and reserved on

28.01.2022 and coming on for pronouncement of orders, this

day, the Court made the following:

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ORDER

The petitioner has been arrayed as Accused No.5

pursuant to the complaint filed by respondent No.3

registered in Crime No.370/2013 by Mandya West Police

Station on 01.11.2013 and as per the first F.I.R.

No.RC.21(A)/2014 registered on 23.12.2014 by C.B.I., ACB,

Bengaluru. The charge sheet dated 31.12.2015 having

been filed before the Special Judge for CBI Cases, the trial

Court has taken cognizance of the offences punishable

under Sections 120-B, 409, 420 of IPC and Section 13(2)

read with Section 13(1) (c) & (d) of the Prevention of

Corruption Act, 1988 ('P.C. Act' for short).

2.

The petitioner has sought for quashing of the

complaint dated 31.10.2013 lodged by the respondent No.3

(Annexure-A) and has also assailed the F.I.R. dated

01.11.2013

in

Crime

No.370/2013

for

the

offences

punishable under Sections 406, 409 and 420 read with

Section 34 of IPC before the Mandya West Police

(Annexure-B). The petitioner has also challenged the F.I.R.

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dated 23.12.2014 in Crime No.RC.21(A)/2014 for the

offence punishable under Section 120-B read with Sections

406, 409 and 420 of I.P.C. and Section 13(2) read with

Section 13(1)(c) & (d) of P.C. Act registered by the CBI,

ACB,

Bengaluru

and

the

Charge

Sheet

bearing

No.30/CBI/ACB/BLR/2015 dated 31.12.2015 filed by CBI,

ACB, Bengaluru, the respondent No.2 herein (Annexure-D)

and

the

order

dated

29.03.2021

passed

in

Spl.CC.No.577/2021 by the Cou