Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19610 WP No. 10454 of 2020 C/W WP No. 9825 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.10454 OF 2020 (GM-RES) C/W WRIT PETITION NO.9825 OF 2022 (GM-RES)
IN WP No.10454/2020 BETWEEN:
1. MR. RAJKUMAR V.K.
S/O K.V. KRISHNASWAMY AGED ABOUT 55 YEARS M/S BOSCH LIMITED POST BOX NO.3000 HOSUR ROAD, ADUGODI BENGALORE-560 030. …PETITIONER
(BY SRI C.K. NANDA KUMAR, SENIOR COUNSEL FOR SRI RAGHURAM CADAMBI, ADVOCATE)
AND:
1. STATE OF KARNATAKA THROUGH KARNATAKA LOKAYUKTA POLICE DR. B.R. AMBEDKAR ROAD M.S. BUILDING BANGALORE - 560 001 REPRESENTED BY PUBLIC PROSECUTOR. 2. OFFICE OF REGIONAL TRANSPORT OFFICER REGISTERING AND TAXATION OFFICER
Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:19610 WP No. 10454 of 2020 C/W WP No. 9825 of 2022
BANGALORE (CENTAL) KORAMANGALA, BANGALORE REPRESENTED BY ASSISTANT REGIONAL TRANSPORT OFFICER. …RESPONDENTS (BY SRI B.S. PRASAD, ADVOCATE FOR R.1;
SRI CHANNAPPA ERAPPA, HCGP FOR R.2.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950, READ WITH SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO QUASH THE ENTIRE PROCEEDINGS AND CHARGE SHEET AS AGAINST THE PETITIONER IN SPL.C.NO.315/2016 (PREVIOUSLY P.C.R.NO.41/2012) ON THE FILE OF THE XXIII ADDITIONAL HON'BLE CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BANGALORE (ANNEXURE-B), ETC. IN WP NO. 9825/2022 BETWEEN:
1. MR. V.D. AUGSTINE S/O MR. V.A. DEVASSIA AGED ABOUT 69 YEARS, WAS WORKING AS VICE PRESIDENT- HR M/S ROBERT BOSCH ENGINEERING AND BUSINESS SOLUTIONS PRIVATE LIMITED NO.123, INDUSTRIAL LAYOUT, HOSUR ROAD, KORAMANGALA BANGALORE-560 095. ...PETITIONER
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HC-KAR NC: 2025:KHC:19610 WP No. 10454 of 2020 C/W WP No. 9825 of 2022
(BY SRI C.K. NANDA KUMAR, SENIOR COUNSEL FOR SRI RAGHURAM CADAMBI, ADVOCATE)
AND:
1. STATE OF KARNATAKA THROUGH KARNATAKA LOKAYUKTA POLICE DR. B.R. AMBEDKAR ROAD M.S. BUILDING BANGALORE - 560 001 REPRESENTED BY PUBLIC PROSECUTOR. 2. OFFICE OF REGIONAL TRANSPORT OFFICER REGISTERING AND TAXATION OFFICER BANGALORE (CENTAL) KORAMANGALA, BANGALORE-560 034 REPRESENTED BY ASSISTANT REGIONAL TRANSPORT OFFICER.
...RESPONDENTS (BY SRI B.S. PRASAD, ADVOCATE FOR R.1;
SRI CHANNAPPA ERAPPA, HCGP FOR R.2.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, 1950, READ WITH SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO QUASH THE ENTIRE PROCEEDINGS AND CHARGE SHEET AS AGAINST THE PETITIONER IN SPL.C.NO.315/2016 (PREVIOUSLY P.C.R.NO.41/2012) ON THE FILE OF THE XXIII ADDITIONAL HON'BLE CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BANGALORE VIDE, (ANNEXURE-A & B), RESPECTIVELY, ETC. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:19610 WP No. 10454 of 2020 C/W WP No. 9825 of 2022
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In W.P.No.10454/2020, petitioner has sought for the following relief:-
"WHEREFORE, it is prayed that this Hon'ble court may be pleased to quash the entire proceedings and charge sheet as against the petitioner in Spl. C.No.315/2016 (previously P.C.R.No.41/2012) on the file of the XXII Additional Hon'ble City Civil and Sessions Judge and Special Judge, Bangalore (ANNEXURE-B) and grant such other and further reliefs as are just."
,
2. In W.P.No.9825/2022, petitioner has sought for the following relief:-
"WHEREFORE, it is prayed that this Hon'ble court may be pleased to quash the entire proceedings and charge sheet as against the petitioner in Spl.C.No.315/2016 (previously P.C.R. No.41/2012) on the file of the XXII Additional Hon'ble City Civil and Sessions Judge and Special Judge, Bangalore vide ANNEXURE A & B
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HC-KAR NC: 2025:KHC:19610 WP No. 10454 of 2020 C/W WP No. 9825 of 2022
respectively and grant such other and further reliefs as are just."
3. Heard learned Senior counsel for the petitioners,
learned counsel for respondent No.1 - Lokayuktha and learned HCGP for respondent No.2 and perused the material on record.
4. A perusal of the material on record will indicate that in the first instance, the defacto complainant - Jagadeesha B.N. filed a private complaint which is currently pending in Spl C.C.No.315/2016. In the said complaint, the defacto complainant contended that the RTO officials / accused persons had colluded with the petitioners who were employees of BOSCH and various other companies which was involved in importing cars and petitioners being employees of the said Company was guilty of the offences alleged against them. It is an undisputed fact borne out from the material on record that the impugned proceedings insofar as the Government / RTO officials are concerned have culminated in various orders including order dated 19.12.2019 in Writ Petition No.41103/2016 and connected matters whereby, the proceedings against the Government / RTO Officials have been quashed by this Court. Under these circumstances by invoking / applying the
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HC-KAR NC: 2025:KHC:19610 WP No. 10454 of 2020 C/W WP No. 9825 of 2022
doctrine of parity and in the light of the undisputed fact that the proceedings initiated against the Government Officials specifically alleging that they were guilty of the offences punishable under the Prevention of Corruption Act, 1988 having been quashed against the Government / RTO Officials, I am of the considered opinion that the impugned proceedings qua the petitioners deserves to be quashed.
5. A perusal of the material on record will also indicate that the Company of which the petitioners are employees have subsequently paid the alleged short fall of import duty on the cars and on this ground also the impugned proceedings deserves to be quashed.
6. In the result, I pass the following:
ORDER (i) Petitions are hereby allowed. (ii) The proceedings in S.C.No.315/2016 (previously PCR No.41/2012) pending on the file of XXIII Additional City Civil and Sessions Judge and Special Judge,
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HC-KAR NC: 2025:KHC:19610 WP No. 10454 of 2020 C/W WP No. 9825 of 2022
Bangalore insofar as the petitioners are concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
VMB List No.: 1 Sl No.: 8