THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
GEETA R – Appellant
Versus
STATE BY – Respondent
CRL.P 8678/2023
Reserved on : 31.01.2026 Pronounced on : 04.03.2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.8678 OF 2023 BETWEEN:
GEETA R., W/O G.S.RAVI, AGED ABOUT 47 YEARS, OCC. SUPERINTENDENT, OFFICE OF DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, CHITRADURGA.
R/O NO.3388/43, 3RD MAIN, 3RD CROSS, VINAYAKA BADAVANE VIDYANAGARA, DAVANAGERE – 577 005.
... PETITIONER (BY SRI SHANKAR P.HEGDE, ADVOCATE)
AND:
STATE BY KARNATAKA POLICE SUB-INSPECTOR, LOKAYUKTHA POLICE STATION, DAVANAGERE.
REPRESENTED BY LD. SPL.SPP, HIGH COURT BUILDING, BENGALURU – 560 001.
AMENDMENT CARRIED OUT AS PER ORDER DATED 07.12.2023.
... RESPONDENT (BY SRI K. PRASANNA SHETTY, ADVOCATE )
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS INSTITUTED AGAINST THE PETITIONER FOR OFFENCES P/U/S.7 AND 13(1)(d) R/W SEC.13(2) OF THE PREVENTION OF CORRUPTION ACT, 1988, ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE IN SPL.(LOK) C.C.NO.2/2020.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 31.01.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CAV ORDER
The petitioner is before this Court calling in question proceedings before the Special Court in Special Case (LOK) No.2 of 2020 arising out of First Information Report in Crime No.8 of 2018 registered for offences punishable under Sections 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the Act’ for short).
2. Facts in brief, germane, are as follows: -
2.1. A complaint comes to be registered on 05-07-2018 which becomes a crime in Crime No.8 of 2018 for the afore-quoted offences. The Police Sub-Inspector, Lokayukta is the complainant. It is the allegation of the first informant/one Rudresh that the petitioner working as Superintendent in the office of the Assistant Registrar of Co-operative Societies, Davangere Sub-Division was approached for registration of Raithabandhu Sahakara Sangha Niyamitha, Kathalagere, Channagiri Taluk. For the said registration, it is the case of the prosecution that the petitioner had demanded ₹15,000/- for completion of work of registration. The then Anti-Corruption Bureau (‘ACB’ for short) sleuths prepared entrustment mahazar and proceeded to the office of the petitioner. A trap was laid and the petitioner was caught receiving tainted money. The entrustment mahazar and the trap mahazar are indicative of the fact that the petitioner herself has received the money. It is on the basis of the said trap so laid, the aforesaid crime comes to be registered. The Lokayukta Police conduct investigation and file a final report – charge sheet before the concerned Court. The concerned Court registers Special LOK C.C.No.2 of 2020 and proceed to frame charges for the afore-
quoted offences against the petitioner on 01-07-2022.
2.2. On the same incident, another analogous or contemporaneous proceeding was taken up on departmental side. A departmental enquiry was conducted against the petitioner on the basis of trap so laid. The Deputy Registrar of Co-operative Societies was appointed as Inquiry officer. The charge sheet was issued and the Inquiry Officer after conduct of inquiry exonerates the petitioner in entirety. Since exoneration of the petitioner was during subsistence of trial before the concerned Court, the petitioner knocks at the doors of this Court contending that the petitioner is entitled to the relief at the hands of this Court, on the ground that the departmental enquiry and the criminal trial are based on a solitary set of facts. The solitary set of facts is trap that was laid against the petitioner on 05-07-2018. The continuance of trial is what has driven the petitioner to this Court in the subject petition.
3. Heard Sri Shankar P.Hegde, learned counsel appearing for the petitioner and Sri K. Prasanna Shetty, learned
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