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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MR.JUSTICE K.SOMASHEKAR

CRIMINAL PETITION NO.2985 OF 2019

BETWEEN

Sri. Sandeep H.C

S/o D.R. Chandrashekar

Aged about 38 years

Village Accountant

Indavara Circle

R/at Undedasarahalli

C/o Kumar

S/o Shankarappa

Chikkamagalur 3 577101.

... Petitioner

(By Sri. Anjan Kumar - Advocate for

Sri. Mohammed Faruke - Advocate)

AND

1.

The State of Karnataka

By A.C.B. Police

Chikkamagalore

Through State Public Prosecutor

High Court Building

High Court of Karnataka

Bangalore 3 560 001.

2.

Sri. Harish

S/o. Shivanna

Aged about 31 years

R/at Nallur Gate

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Amruth Pharam

Maruthi Nagara

Chikkamagalore 3 577101.

... Respondents

(By Sri. Jeevan J. Neeralgi 3 Spl.P.P. for R-1

vide order dated 15.07.2021)

This Criminal Petition is filed under Section 482 of

the Code of Criminal Procedure, praying to allow this

petition and quash the entire proceedings in Special Case

No.59/2018 (Crime No.1/2016) on the file of the Principal

District and Sessions Judge and Special Judge at

Chikkamagalu, including the complaint and FIR in Crime

No.1/2016 registered by the Respondent 3 Police.

This Criminal Petition coming on for Orders, this

day, the court made the following:

O R D E R

Sri Anjan Kumar, learned counsel for the petitioner

is present before the Court physically and representing Sri

Mohammed Faruke, learned counsel who is on record. Sri

Jeevan J.Neeralagi, learned Spl.PP for respondent No.1 3

ACB Police, Chikkamaglur is on record.

2. Counsel for the petitioner is seeking for some

short accommodation to furnish requisite process fee

along with copy of petition for issuance of notice against

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respondent No.2. Therefore, it is deemed appropriate to

observe that when once the FIR has been recorded,

learned Spl.PP has to take care of respondent No.2 who is

arraigned as complainant as under Section 301 of Cr.P.C.

3. Respondent No.2 3 Harish, S/o Shivanna is

arraigned as complainant in Crime No.1/2016. Based

upon

his

complaint

filed

before

the

ACB

Police,

Chikkamagalur, the case came to be registered for the

offences punishable under Section 7 r/w Section 13(2) of

the Prevention of Corruption Act, 1988. Subsequently,

the investigating officer took up the case for investigation

and laid the charge sheet against the accused before the

Court having jurisdiction and the same is pending in

Spl.Case No.59/2018 before the Prl.District and Sessions

Judge and Special Judge at Chikkamagalur.

4. Whereas in this matter the petitioner had filed an

application under Section 227 of Cr.P.C. r/w 19 of the

P.C.Act and the same came to be rejected on 11.03.2019

by the trial Court. Now the case is set down for framing of

charge. But under this petition seeking for quashment of

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the criminal proceedings initiated against the accused in

Spl.Case No.59/2018 arising out of Crime No.1/2016

which is pending before the court having jurisdiction.

5. It is relevant to refer the nutshell of the

prosecution case is that the accused at the time of alleged

incident was working as Village Accountant and serving in

Indavara Circle of Chikkamagalur Taluk. CW.1 3 Harish

had given an application seeking permission to purchase

agricultural land and the said application was referred to

the accused by the Revenue Inspector 3 CW.4. CW.1

approached the accused several times and accused for one

or the other reasons was dodging the process of grant of

permission to purchase the land. But on 17.06.2016, that

the complainant who is a gravamen of the case again

approached the accused/petitioner and on that day the

accused demanded bribe of Rs.5,000/- for clearing his file

relating to the application filed by him to purchase of

agricultural land. While approaching the accused the

complainant had recorded some conversation between

himself and acc