- 1 - HC-KAR NC: 2025:KHC-K:2870 CRL.P No. 200805 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200805 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: RAVINDRA S/O MAKTAPPA, AGE:52 YEARS, OCC: SHIRASTEDAR, SLAO, BHEEMARAYANAGUDI, R/O. NO.5-100, MAHAMANE, COURT ROAD, BASAVESHWARA NAGAR, SHAHAPUR, DIST. YADGIRI-585 201. (BUT WRONGLY SHOWN AS RAVI TAHASILDAR IN FIR) …PETITIONER (BY SRI SANJAY A. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH LOKAYUKTA POLICE, YADGIRI, DIST. YADGIRI-585 201, REPRESENTED BY SPECIAL PROSECUTOR, SRI. GOURISH KHASHAMPUR, ADVOCATE, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 107. 2. KHATALSAB S/O NABISAB NATEKAR, AGE:25 YEARS, OCC: AGRICULTURE, R/o. BENDEBEMBALI, TQ. WADAGERA, DIST. YADGIRI-585 201. …RESPONDENTS (BY SRI SUBHASH MALLAPUR, ADDL. SPP FOR R1; R2 SERVED) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2870 CRL.P No. 200805 of 2023 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO A) QUASH THE FIR NO.8/2023 DATED 06.02.2023 ARISING OUT OF CRIME NO.1/2023 DATED 03.02.2023 REGISTERED BY LOKAYUKTA POLICE YADGIR / 1st RESPONDENT HEREIN INSOFAR AS PETITIONER IS CONCERNED FOR THE OFFENCE PUNISHABLE U/SEC. 7(a) OF PREVENTION OF CORRUPTION ACT, 1988 (AMENDED 2018) PENDING ON THE FILE OF DISTRICT AND SESSIONS COURT, YADGIR.B) PASS ANY APPROPRIATE ORDER OF DIRECTION AS DEEM FIT BY THIS HON’BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard learned counsel for the petitioner Sri Sanjay A. Patil and learned counsel Sri Subhash Mallapur for the respondent. 2. Petition is filed under Section 482 of Cr.P.C. with the following prayer: “A) Quash the FIR No.8/2023 dated 06.02.2023 arising out of Crime No.1/2023 dated 03.02.2023 registered by Lokayukta Police Yadgir/1st respondent herein insofar as - 3 - HC-KAR NC: 2025:KHC-K:2870 CRL.P No. 200805 of 2023 petitioner is concerned for the offence punishable u/Sec.7(a) of Prevention Of Corruption Act, 1988 (Amended 2018) pending on the file of District and Sessions Court, Yadgir. B) Pass any appropriate order of direction as deem fit by this Hon’ble court under the facts and circumstances of the case, so as to secure ends of justice.” 3. Petitioner is accused No. 2 in Crime No.1/2023 registered by the Lokayukta Police Station, Yadgir based on the complaint lodged by respondent No.2 - Khatalsub Natekar. 4. Learned counsel for the petitioner would contend that even as per the complaint averments and other material on record, it is accused No.1, who demanded illegal gratification and directed the complainant to pay the illegal gratification amount to accused No.3. Therefore, no role whatsoever could be attributed to the present petitioner and continuation of the - 4 - HC-KAR NC: 2025:KHC-K:2870 CRL.P No. 200805 of 2023 FIR and investigation thereof is nothing but abuse of process of law and thus, sought for allowing the petition. 5. Per contra, learned counsel for the respondent – Lokayukta supports filing of the complaint and also proceeding with the investigation. 6. Having heard the arguments of both sides, this Court perused the material on record meticulously. On such perusal, no doubt, from the complaint averments, it is found that accused No.1 has directed the bribe amount to be given to the hands of accused No.3. However, according to the Lokayukta Police, the tainted currency was handed over to the petitioner/accused No.2. 7. Taking note of these aspects of the matter, which are disputed questions of law, this Court is of the considered opinion that a mini trail cannot be held by this Court that too at the stage of FIR to hold that there was no role played by the petitioner/accused no. 2 at all in the incident. - 5 - HC-KAR NC: 2025:KHC-K:2870 CRL.P No. 200805 of 2023 8. It is for the Investigation Agency to collect such material to establish the nexus between the incident and the petitioner and if no such nexus is established, the Lokayukta Police are entitled to file appropriate final report as is contemplated under Section 173 of Cr.P.C. 9. Further, if a charge sheet is filed against the present petitioner, who is accused No.2, it is always open for the petitioner to challenge the same. Reserving such liberty for the petitioner, following: ORDER Criminal petition is dismissed. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 0 CT:PK