- 1 - HC-KAR NC: 2025:KHC:35658 WP No. 23048 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 23048 OF 2022 (GM-RES) BETWEEN: SMT SHIVAMMA, W/O PURUSHOTTHAMA K, AGED ABOUT 61 YEARS, R/AT D.NO.3-41, LEKKESIRI MAJALU HOUSE, YEDAMANGALA VILLAGE AND POST, SULYA TALUK, D.K-574 221. …PETITIONER (BY SRI. SACHIN B S., ADVOCATE) AND: 1. THE KARNATAKA LOKAYUKTHA INSPECTOR OF POLICE, MANGALORE- 575 001. 2. RAJESH RAI, S/O DAMODHARA RAI, AGED ABOUT 41 YEARS, R/AT ASHIRVADH NIVASA, KINYALAGUTTHU, YEDAMANGALA VILLAGE AND POST, SULYA TALUK, D.K- 574 221. …RESPONDENTS (BY SRI. B B PATIL., SPL.PP FOR R1 RESPONDENT No.2 SERVED) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35658 WP No. 23048 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.PC PRAYING TO-QUASH THE ENTIRE PROCEEDINGS IN SPL.CASE NO.155 OF 2018 ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, DK, MANGALORE FOR THE OFFENCE PUNISHABLE U/S 403, 406 AND 109 OF IPC AS PER ANNEXURE-A IN SO FA AS PETITIONER CONCERN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Learned counsel for the petitioner and learned SPP for respondent No.1/State are present. 2. It is brought to the notice of the Court that already substantial portion of the evidence is recorded and the recording of evidence of CW-28 who is the investigating officer is going on. The offences alleged against the accused persons including the petitioner who is accused No.1 are punishable under Sections 13(1)(c) and - 3 - HC-KAR NC: 2025:KHC:35658 WP No. 23048 of 2022 13(2) of Prevention of Corruption Act, and Sections 109, 403, 406, 465, 466, 477-A r/w 35 and 37 of IPC. 3. Having regard to the above facts, question of considering this petition on merits would not arise, especially, in the light of the law laid down by the Hon'ble Supreme Court in the case of Kapil Gupta V/s State (NCT of Delhi) and Another reported in (2022) 15 SCC 44. 4. In view of the same, the petition is dismissed. However, the petitioner/accused No.1 is at liberty to urge any defence available to her on merits. Sd/- (J.M.KHAZI) JUDGE KBM List No.: 1 Sl No.: 32