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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF MAY, 2022

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

CRIMINAL PETITION No.1367 OF 2022

BETWEEN:

SRI RATAN BABULAL LATH

S/O SRI BABULAL LATH

AGE 61 YEARS

R/O NO.35/1, SAINT MARKS ROAD

RICHMOND TOWN

BENGALURU 3 560 001.

... PETITIONER

(BY SRI ASHWIN VAISH, ADVOCATE FOR

SRI GAUTHAM S.BHARADWAJ, ADVOCATE)

AND:

STATE OF KARNATAKA

THROUGH ANTI-CORRUPTION BUREAU

KHANIJA BHAVAN

RACE COURSE ROAD

BENGALURU CITY 3 560 001.

... RESPONDENT

(BY SRI P.N.MANMOHAN, ADVOCATE)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

CR.P.C., PRAYING TO ISSUE AND APPROPRIATE ORDER DIRECTING

THE

QUASHING

OF

ORDER

DATED

03.08.2020

TAKING

COGNIZANCE

UNDER

SECTION

13(1)(c)(d)

R/W

13(2)

OF

PREVENTION OF CORRUPTION ACT AND SECTION 420, 409, 468,

471, 120(B) R/W 34 OF IPC PASSED IN SPL.C.C.NO.318/2020

ARISING OUT OF CR.NO.24/2019 BY POLICE STATION ACB, BY THE

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COURT OF XXIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE

AND SPECIAL JUDGE FOR PREVENTION OF CORRUPTION ACT,

BENGALURU CITY (ANNEXURE-C) AND CONSEQUENTLY QUASH

THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER HEREIN.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 05.03.2022, COMING ON FOR

PRONOUNCEMENT

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:-

ORDER

Petitioner/accused No.11 in Special Case No.318 of 2020

is before this Court calling in question entire proceedings

registered for offences punishable under Sections 420, 409, 468,

471, 120-B read with Section 34 of the IPC and under Section

13(1)(c)(d) r/w Section 13(2) of the Prevention of Corruption Act,

1988 (8the Act9 for short) in Crime No.24 of 2019 against all the

accused.

2. Heard Sri Ashwin Vaish, learned counsel for Sri Gautam

S.Bharadwaj, learned counsel for the petitioner and Sri

P.N.Manmohan, learned counsel for the respondent.

3. Brief facts leading to the filing of the present petition, as

borne out from the pleadings, are as follows:-

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On 10-04-2003 one N.Muniraju and N.Srinivas became

owners of property in Sy.No.9 measuring 8.08 guntas of

Kowdenahalli Village, K.R.Puram Hobli, Bangalore East Taluk

and revenue records and other necessary ownership details also

claimed to be standing in the name of the said persons. On

18.01.2005 amended Section 14B of the Karnataka Town and

Country Planning Act permitted Bruhat Bengaluru Mahanagara

Palike (8BBMP9 for short) to grant Transferable Development

Rights (8TDR9) certificate against voluntary surrender of land by a

citizen for public purpose.

4. On 20-12-2014 a General Power of Attorney (8GPA9 for

short) was executed by the aforesaid owners of land measuring

7114.76 sq.mts. in favour of one Sri B.S. Surendranath. The

purpose of GPA being executed was for the purpose of execution

of relinquishment deed in favour of BBMP to obtain Development

Rights Certificate (8DRC9 for short) from the BBMP and sell the

TDR to prospective buyers. On 20-01-2014, in furtherance

thereof, the owners also executed an agreement to sell in favour

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of one Suresh K and Gautham K who were confirming parties to

the GPA executed as afore-quoted.

5.

On

10-03-2014

the

GPA

holders

execute

a

relinquishment deed qua 301 sq.mts. in favour of the BBMP to

secure TDR against surrendered property for public purpose. On

1-04-2014, TDR is issued by the BBMP to the said aforesaid

owners in terms of DRC in lieu of surrendering of the properties.

On 16-05-2014 a deed of transfer of development is executed by

the owners in favour of M/s Sri Nakoda Constructions Limited,

whose Director is the petitioner. Therefore, TDR was issued by

the BBMP in favour of the petitioner. On 11.04.2019 a

complaint is registered against several officers of the BBMP

which becomes a crime in Crime No.13 of 2019 alleging offences

punishable under Section 13(1)(a) read with Section 13(2) of the

Act and Sections 420, 465, 468, 471, 120