SRI T NINGAPPA NAYAKA v. THE SUPERINTENDENT OF POLICE
WP/29183/2017 · 2025-03-19
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15802 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15802 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:11550 WP No. 29183 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29183 OF 2017 (GM-POLICE)
BETWEEN:
SRI. T. NINGAPPA NAYAKA S/O THIMMANNA NAYAKA, AGED ABOUT 78 YEARS, RESIDING AT BEERALINGESHWARA TEMPLE ROAD, GADIHALLI VILLAGE, TARIKERE TALUK, CHICKMAGALUR - 577 550. …PETITIONER (BY SRI. PRITHVEESH M. K., ADVOCATE)
AND:
1.
THE SUPERINTENDENT OF POLICE BENGALURU URBAN WING ANTI CORRUPTION BUREAU, NO.49, RACE COURSE ROAD, HIGH GROUNDS KHANIJA BHAVAN, BENGALURU - 560 001.
2.
THE DEPUTY SUPERINTENDENT OF POLICE BENGALURU URBAN WING ANTI CORRUPTION BUREAU, NO.49, RACE COURSE ROAD, HIGH GROUNDS KHANIJA BHAVAN, BENGALURU - 560 001.
3.
THE INSPECTOR OF POLICE BENGALURU URBAN WING ANTI CORRUPTION BUREAU, NO.49, RACE COURSE ROAD, HIGH GORUNDS KHANIJA BHAVAN, BENGALURU - 560 001. …RESPONDENTS (BY SRI. B.B.PATIL, ADVOCATE FOR R1 TO R3)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:11550 WP No. 29183 of 2017
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE SOURCE REPORT FORWARDED BY R-3 INSPECTOR OF ANTI CORRUPTION BUREAU DATED:5.5.2017 AT ANNEXURE-A AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: i. Issue of writ or order quashing of Certiorari by setting aside Source Report forwarded by the 3rd respondent inspector of Anti Corruption Bureau, dated 05.05.2017 at ANNEXURE-A and all further consequential proceedings on the file respondent Anti Corruption Bureau, Bengaluru Urban wing. ii. Pleased to pass any other order or directions as this Hon'ble Court feels deem fit under circumstances of the case, in the interest of justice and equity.
2. The grievance of the petitioner is that the properties of the petitioners’ father have been included in the Source Report as regards the proceedings initiated against his son. The further grievance is that on account of the said properties of the petitioner being included in the Source Report, the bank accounts
- 3 -
NC: 2025:KHC:11550 WP No. 29183 of 2017
have been frozen, depriving the petitioner of access to the funds to run his business.
3. If that be so, it is for the petitioner to place the necessary documentation establishing the ownership and entitlement of the petitioner before the investigating officer seeking for necessary orders to be passed to defreeze the accounts and pass such orders as are necessary, to exclude the properties of the petitioner from the Source Report and the proceedings therefrom.
4. In that view of the matter, I pass the following;
ORDER i. The writ petition is partly allowed. ii. The petitioner is permitted to place all documents regarding the entitlement of the petitioner as regards the properties included in the Source Report which shall be considered by the Investigating Officer on merits in
- 4 -
NC: 2025:KHC:11550 WP No. 29183 of 2017
accordance with law and necessary orders passed thereto. iii. This Court has not expressed any opinion on the merits of the matter. It would be for the Investigating Officer to consider the documents independently.
SD/- (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 41 CT:SK