- 1 - NC: 2025:KHC:15222 CRL.P No. 299 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 299 OF 2024 BETWEEN: SRI K N RANGASWAMY SON OF LATE NARASIMHAIAH, AGED ABOUT 58 YEARS, PRESENTLY WORKING AS ASSISTANT CONSERVATOR OF FOREST OM SHREE NILAYA, CDA, 3RD STAGE, KALYANAGAR, CHIKKAMAGALURU - 577228 …PETITIONER (BY SRI. SADAPPA NAIKAR, ADVOCATE) AND: STATE OF KARNATAKA NOW BY LOKAYUKTHA POLICE, REP BY SPL.PP M S BUILDING BENGALURU - 560001 (EARLIER ACB P.S., CHIKKAMAGALURU) …RESPONDENT (BY SRI. VENKATESH S ARBATTI, ADVOCATE) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.5/2018 PENDING ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, SPECIAL COURT FOR CORRUPTION CASE, CHIKKAMAGALURU FOR THE ALLEGED OFFENCE P/U/S.13(1)(e) R/W SEC.13(2) OF PREVENTION OF CORRUPTION ACT REGISTERED BY THE RESPONDENT POLICE STATION THEN ACB AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15222 CRL.P No. 299 of 2024 CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner who is facing investigation for the offence punishable under Sections 13(1)(E) r/w 13(2) of Prevention of Corruption Act seeking the relief. 2. Prosecution alleges that the petitioner who is presently working as Assistant Conservator of Forest, Chikkamagaluru is possessing disproportionate assets to his known sources of income to an extent of 94.05% for the check period of 1994-2018. 3. In the case of Sri D. Nagaraja Vs. The Stage of Lokyuktha Police, Chikmagalur – 577101 (WP. No.22955/2023 dated 21.11.2023) this court held as under: 7. The Hon’ble Supreme Court in the case of Radheshyam Kejriwal Vs. State of West Bengal, reported in (2011) 3 SCC 581 has laid the principle which reads thus: “38. The ratio which can be culled out from these decisions can broadly be stated as follows: (i) Adjudication proceedings and criminal prosecution can be launched simultaneously; (ii) Decision in adjudication proceedings is not necessary before initiating criminal prosecution; - 3 - NC: 2025:KHC:15222 CRL.P No. 299 of 2024 (iii) Adjudication proceedings and criminal proceedings are independent in nature to each other; (iv) The finding against the person facing prosecution in the adjudication proceedings is not binding on the proceeding for criminal prosecution; (v) Adjudication proceedings by the Enforcement Directorate is not prosecution by a competent court of law to attract the provisions of Article 20(2) of the Constitution or Section 300 of the Code of Criminal Procedure; (vi) The finding in the adjudication proceedings in favour of the person facing trial for identical violation will depend upon the nature of finding. If the exoneration in adjudication proceedings is on technical ground and not on merit, prosecution may continue; and (vii) In case of exoneration, however, on merits where the allegation is found to be not sustainable at all and the person held innocent, criminal prosecution on the same set of facts and circumstances cannot be allowed to continue, the underlying principle being the higher standard of proof in criminal cases.” 4. Hence, the following: ORDER i) Criminal Petition is allowed. ii) The impugned FIR in Crime No.05/2018 registered by Lokayuktha Police, Chickmagaluru on the file of Principal District and Sessions Judge and Special Court, Chickmagaluru is hereby quashed. - 4 - NC: 2025:KHC:15222 CRL.P No. 299 of 2024 Although the Crime was registered in the year 2018, as of today, the Lokayuktha has not completed the investigation and submitted the charge sheet. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BS List No.: 3 Sl No.: 1