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2023 Supreme(SC) 680

ANIRUDDHA BOSE, BELA M. TRIVEDI
State of Karnataka Lokayukta Police – Appellant
Versus
S. Subbegowda – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shubhranshu Padhi, AOR Ms. Rajeshwar Shankar, Adv. Mr. Niroop Sukriti, Adv. Mr. Jay Nirupama, Adv.
For the Respondent(s): Mr. H. N. Shashidhara, Sr. Adv. Mr. Balaji Srinivasan, AOR Mr. Devamshu Behl, Adv. Mr. Shiva Krishnamurti, Adv. Mr. Rohan Dewan, Adv. Mrs. Lakshmi Rao, Adv.

JUDGMENT :

BELA M. TRIVEDI, J.

1. The appellant-State of Karnataka Lokayukta Police by way of instant appeal has assailed the judgment and order dated 16.08.2018 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No. 4463 of 2018 whereby the High Court has allowed the said petition by discharging the respondent (original petitioner-accused) from the offences charged under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the said Act), on the ground that the sanction accorded to prosecute the respondent-accused by the Government was illegal and without jurisdiction.

2. The respondent was working as an Executive Engineer in the Karnataka Urban Water Supply and Drainage Board, Mandya Division, Mandya during the period 1983 to 2007. On the basis of the Source Report dated 17.12.2007 submitted by the then Deputy Superintendent of Police, Bengaluru Rural Division, Karnataka Lokayukta, Bengaluru, a case being Crime No. 22 of 2007 (later numbered as Crime No. 62 of 2008) came to be registered against the respondent for the offence under Section 13(1)(e) read with Section 13(2) of the said Act. It was alleged, i


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