THE HIGH COURT OF KARNATAKA
S.SUNIL DUTT YADAV
G.T DINESH KUMAR – Appellant
Versus
DIRECTOR OF ENFORCEMENT – Respondent
CRL.P 3497/2026
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NC: 2026:KHC:17283 CRL.P No. 3497 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026
BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
CRIMINAL PETITION NO. 3497 OF 2026 BETWEEN:
1. G.T DINESH KUMAR S/O THIPPE RUDRAPPA, AGED ABOUT 46 YEARS,
FLAT NO.A1-107, BLOCK-A, VAISHNAVI NORTH, HEBBAL,
BENGALURU-560 024
(CURRENTLY PETITIONER IS IN JUDICIAL CUSTODY)
… PETITIONER (BY SRI. SANDESH J. CHOUTA, SENIOR ADVOCATE FOR
SRI SUNIL KUMAR S., ADVOCATE)
AND:
Digitally signed by VIDYA G R
1. DIRECTOR OF ENFORCEMENT, Location:
HIGH REP. BY ASSISTANT DIRECTOR, COURT OF GOVERNMENT OF INDIA, KARNATAKA
BENGALURU ZONAL OFFICE, 3RD FLOOR, B BLOCK, BMTC,
SHANTHINAGARA-TTMC, K H ROAD, SHANTHINAGARA, BENGALURU-560 027
… RESPONDENT (BY SRI. ARAVIND KAMATH, ASG FOR
SRI MADHUKAR DESHPANDE, ADVOCATE)
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NC: 2026:KHC:17283 CRL.P No. 3497 of 2026
HC-KAR
THIS CRL.P IS FILED U/S 407 OF CR.PC (FILED U/S 447 BNSS, 2023) PRAYING TO TRANSFER THE ECIR/BGZO/25/2024 DATED 01.10.2024 FOR OFFENCE P/U/S 3 AND 4 PMLA 2002 PENDING ON THE FILE OF LXXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL COURT EXCLUSIVELY TO DEAL WITH CRIMINAL CASES RELATED TO ELECTED FORMER AND SITTING MPs/MLAs IN THE STATE OF KARNATAKA (CCH-82) TO THE FILE OF THE LEARNED PRINCIPAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-1) FOR TRIAL AND
DISPOSAL IN ACCORDANCE WITH LAW AND ETC.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
The present petition is filed seeking transfer of
ECIR/BGZO/25/2024 dated 01.10.2024 for the offence punishable under Sections 3 and 4 of the Prevention of Money Laundering Act, 2002 [for short, 'PMLA, 2002'] pending on the file of LXXXI Additional City Civil and Sessions Judge and Special Court exclusively to deal with Criminal cases related to Elected Former and Sitting MPs/MLAs in the State of Karnataka (CCH-82) to the file of learned Principal City Civil & Sessions Judge, Bengaluru (CCH-1), which is the competent Court and other than the
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NC: 2026:KHC:17283 CRL.P No. 3497 of 2026
HC-KAR
designated Court to deal with the cases relating to Elected
Members.
2. The only grievance raised by the petitioner is
that the proceedings ought to be transferred from the designated Court dealing with cases of Elected Representatives to the other competent Court. It is submitted that insofar as the predicate offence relating to certain Elected Representatives, Final 'B' Report was filed by the Karnataka Lokayukta as against such Elected Representative, which has been accepted by the trial Court. It is submitted that, if that were to be so, the other accused being non-elected Members, the Special Court constituted to take up matters relating to Elected Members loses jurisdiction and the matter must be relegated under Section 43(1) of PMLA, 2002 to the Court of Principal City Civil and Sessions Judge, Bengaluru, which deals with the
regular matters.
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NC: 2026:KHC:17283 CRL.P No. 3497 of 2026
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3. Sri Sandesh Chouta, learned Senior Counsel
appearing on behalf of petitioner submits that, since the trial Court which is now Special Court dealing with the cases of Elected Representatives is continuing with the
matter, necessary order is required to be passed.
4. Sri Arvind Kamath, learned Additional Solicitor
General of India appearing for Sri Madhukar Deshpande for the respondent-Directorate of Enforcement would submit that the acceptance of Final 'B' Report is a matter of challenge before this Court by way of petition and in the event said petition is allowed, the proceedings stand restored against the Elected Member and the proceedings other than before the trial Court would have to be continued before the designated Court dealing with the cases of Elected Members. Accordingly, it is submitted that the matter may be deferred in the same stage so that the interim order passed earlier staying the proceedings of
trial Cou
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