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2025 DAILYLAW 6345 (KAR)

MALLAPPA ALIAS MALLIKARJUN S/O SHIVANAND DAMANAL v. THE STATE OF KARNATAKA

CRL.P/101679/2023 · 2025-02-06

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC-D:2369 CRL.P No. 101679 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101679 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: MALLAPPA @ MALLIKARJUN S/O. SHIVANAND DAMANAL, AGE. 46 YEARS, OCC. ASK (IN-CHARGE CHARGE SECTION OFFICER), O AND M SECTION, HESCOM, SAVALAGI, R/O.#12 BHOVI GALLI, JAMAKHANDI-587301, TQ. JAMAKHANDI, DIST. BAGALKOT. …PETITIONER (BY SRI. BASAVARAJ K.MATHAPATHI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH CURT OF KARNATAKA, DHARWAD BENCH, THROUGH ITS LOKAYUKTA BAGALKOT P.S. KARNATAKA LOKAYUKTHA BAGALKOT. 2. SMT. TANGEVVA W/O. HANMANTH ITNAL AGE. 50 YEARS, OCC. COOLIE, R/O. TUNGAL-587330, JAMAKHANDI, TQ. JAMAKHANDI, DIST. BAGALKOT. …RESPONDENTS (BY SRI. ANIL KALE, SPP FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR..P.C. SEEKING TO QUASH THE COMPLAINT, FIR, AND ENTIRE PROCEEDINGS IN BAGALKOT LOKAYUKTA P.S. NO. 04/2023 ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE BAGALKOT FOR THE OFFENE P/U/SEC. 7(a) OF P C ACT (AMENDED ACT, 2018) IN RESPECT OF PETITIONER/ACCUSED NO.1. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 12:09:57 +0530 - 2 - NC: 2025:KHC-D:2369 CRL.P No. 101679 of 2023 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner, who is facing investigation for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988, is before this Court. 2. A complaint was filed stating that accused No. 1, who is working as a Section Officer in HESCOM, had demanded a gratification of ₹20,000/- for the installation of a transformer. Upon the registration of the complaint, a trap was conducted. During the trap, accused No. 2 demanded the gratification amount on behalf of accused No. 1, and after receiving the gratification, accused No. 2 informed accused No. 1 via phone. It is alleged that accused No. 1 instructed accused No. 2 to transfer the gratification amount through PhonePe, which accused No. 2 refused to do. 3. The prosecution alleges that call detail records have been collected to substantiate the allegations against petitioner/accused No. 1. Therefore, the veracity of the allegation against accused No. 1 requires further investigation, and at this stage, the registration of the FIR does not warrant interference by this Court. 4. Accordingly, the petition is dismissed, reserving liberty to the petitioner to file a fresh petition if a charge sheet is filed. It is made clear that, in the event the investigation is not completed, the - 3 - NC: 2025:KHC-D:2369 CRL.P No. 101679 of 2023 respondent is directed to complete the investigation at the earliest, within two months from the date of receipt of a certified copy of this order. Pending applications, if any, do not survive for consideration and accordingly, they are disposed off. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR List No.: 1 Sl No.: 59