IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101860 OF 2024 (482(CR.PC)/528(BNSS))

BETWEEN:

NISCHAL KUMAR DM S/O. MAHADEVAPPA P POLICE INSPECTOR, KARNATAKA STATE R/O. DOONANDOORU, GAUTAMAPURA POST, SAGARA TALUK, SHIVAMOGGA-577412.

…PETITIONER (BY SRI. SHANKAR P. HEGDE, ADVOCATE)

AND:

1. STATE BY KARNATAKA LOKAYUKTA POLICE, KARWAR, R/BY SPP HIGH COURT OF KARNATAKA DHARWAD-580011.

2. RAMESH S/O NARAYANA HEGDE AGE. 61 YEARS, OCC. BUSINESS, R/O. YALLAPUR ROAD, VIKAS ASHRAMA TALUK. SIRSHI, DIST. KARWAR-581359.

Digitally signed by …RESPONDENTS CHANDRASHEKAR LAXMAN KATTIMANI (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE FOR R1;

Location: High Court of Karnataka, Dharwad Bench NOTICE SERVED TO R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO CALL FOR ENTIRE RECORDS FROM SPL.CC.50/2017 FROM THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR, AND QUASH FIR BEARING KARNATAKA LOKAYUKTA KARWAR P.S CRIME NO.05/2015 DATED 13.10.2015 FOR OFFENCES PUNISHABLE U/S 7, 13(1)(d) R/W SECTION 13(2) OF THE PREVENTION OF CORRUPTION ACT, 1988 (VIDE ANNEXURE A) CHARGE SHEET BEARING NO.03/2017 DATED 28.06.2017 FILED AGAINST THE PETITIONER/ ACCUSED NO.1 FOR OFFENCES PUNISHABLE U/S 7, 13(1)(d) R/W SECTION 13(2) OF THE PREVENTION OF CORRUPTION ACT, 1988 (VIDE ANNEXURE C AND THE CONSEQUENT PROCEEDINGS IN SPL.CC.50/2017 PENDING ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA, KARWAR IN SO FOR PETITIONER/ACCUSED NO.1 IS CONCERNED BY EXERCISING POWER U/S 482 OF CR.P.C., IN THE INTEREST OF JUSTICE AND EQUITY.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

1. Heard the learned counsel Sri.Shankar P. Hegde and learned counsel Sri.Mohankumar M., appearing for petitioner and learned counsel Sri.Santosh B. Malagoudar, appearing for respondent No.1.

2. The petition is filed under Section 482 of the Criminal Procedure Code (hereinafter referred as ‘the Cr.P.C.’) with the following prayer:

(i) Call for entire records from Spl.CC.50/2017 from the file of the Principle District and Sessions Judge, Uttara Kannada, Karwar.

(ii) Quash FIR bearing Karnataka Lokayukta Karwar PS Crime No.05/2015 dated 13.10.2015 for offences punishable under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (vide Annexure-A), charge sheet bearing No.03/2017 dated 28.06.2017 filed against the petitioner/accused No.1 for offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act,1988 vide Annexure-C and the consequent proceedings in Spl.CC.No.50/2017 pending on the file of the Principle District and Sessions Judge, Uttara Kannada, Karwar in so for petitioner/accused No.1 is concerned by exercising power under Section 482 of Cr.P.C. in the interest of justice and equity.”

3. The petitioner is facing the trial for the offences under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (hereinafter referred to as ‘the Act’).

4. The trial has commenced, and the complainant and the shadow witness have turned hostile to the case of the prosecution. The voice identification witness, who was examined on behalf of the prosecution, has also turned hostile to the case of the prosecution in the submission made on behalf of the petitioner to fortify the contentions urged in the petition.

5. Sri.Shankar P. Hegde, learned counsel appearing for petitioner would also contend that Departmental Enquiry has ended in his favour and therefore, he would like to impress upon the Court that no useful purpose would be served by continuing with the trial and sought for allowing the petition.

6. Per contra, Sri.Santosh B. Malagoudar, learned counsel appearing for respondent No.1 would submit that once the charge is framed, the case should either end in acquittal or co