- 1 - HC-KAR NC: 2025:KHC-K:4170 CRL.P No. 200281 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200281 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: VISHWANATH S/O MARUTI AGE: 35 YEARS, OCC: HEAD CONSTABLE KSRP, 12TH BATALIAN, TUMKUR R/O AT ILLHAL POST, GHATHIPPARGA TALUK BASAVAKALYAN DIST: BIDAR-585 437. ...PETITIONER (BY SRI MAHANTESH PATIL, ADVOCATE) AND: 1. CHIEF ADMINISTRATIVE OFFICER PRL DISTRICT AND SESSIONS COURT AT BIDAR – 585 401 2. THE STATE OF KARNATAKA THROUGH LOKAYUKTA P.S., TALUK AND DIST: BIDAR – 585 401 …RESPONDENTS (BY SRI KRUPA SAGAR PATIL, ADVOCATE. FOR R1; SRI SUBHASH MALLAPUR, SPL.PP FOR R2 ) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO SET ASIDE THE JUDGEMENT AND ORDER IN SPECIAL CASE (PC) NO. 25/2015 DATED 14.09.2023 PASSED BY THE LEARNED SPECIAL JUDGE AND PRL DISTRICT AND SESSIONS JUDGE AT BIDAR, IN SO FAR AS TAKING COGNIZANCE OF OFFENCE U/S 193 OF IPC AND DIRECTING TO REGISTER A CRIMINAL CASE BY EXERCISING JURISDICTION U/S 344 OF CR.P.C., AGAINST THE PETITIONER AND QUASH Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-K:4170 CRL.P No. 200281 of 2024 THE PROCEEDINGS INITIATED BY THE RESPONDENT NO. 1 IN C.C NO.2/2023 BEFORE THE LEARNED PRL. DISTRICT AND SESSIONS JUDGE AT BIDAR. THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 19.03.2025 AT KALABURAGI BENCH, COMING ON FOR ‘PRONOUNCEMENT OF ORDER, BEFORE THE PRINCIPAL BENCH AT BENGALURU, THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE S RACHAIAH CAV ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. This Criminal Petition is filed by the petitioner seeking to set aside the judgment and order dated 14.09.2023 in Special Case (PC) No.25/2015, on the file of the Special Judge and Principal District and Sessions Judge, Bidar, wherein the order of taking cognizance under Section 193 of Indian Penal Code (for short ‘IPC’) has been passed by the Trial Court and respondent No.1 registered C.C.No.02/2023 against the petitioner. 2. The ranks of the parties henceforth will be considered as per their rankings before the Trial Court, for convenience. - 3 - HC-KAR NC: 2025:KHC-K:4170 CRL.P No. 200281 of 2024 Factural matrix of the case: 3. The petitioner herein is the complainant, filed a complaint against the accused for the offences punishable under Sections 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act (for short ‘PC Act’). It is stated that, the complainant being the petitioner herein, has turned hostile and not supported the case of the prosecution. Therefore, the Trial Court directed the CMO to register a complaint against the petitioner herein and the respondent No.1 registered C.C.No.02/2023 under Section 193 of IPC. 4. Heard Sri Mahantesh Patil, learned counsel for the petitioner, Sri Krupa Sagar Patil, learned counsel for the respondent No.1 and Sri Subhash Mallapur, Spl. Public Prosecutor for respondent No.2 - Lokayukta. 5. It is the submission of the learned counsel for the petitioner that, directing to register criminal case for the offence punishable under section 193 of IPC and - 4 - HC-KAR NC: 2025:KHC-K:4170 CRL.P No. 200281 of 2024 registration of C.C.No.02/2023 by the respondent No.1 are against to the settled principles of law. Therefore, the same is liable to be set aside. 6. It is further submitted that the procedure for initiation of criminal proceedings under the above said provisions are contemplated under Section 340 of the Code of Criminal Procedure (for short ‘Cr.P.C.’). To exercise jurisdiction under Section 344 of Cr.P.C. does not enable the Court to assume jurisdiction for the offence under Section 193 of IPC. 7. It is further submitted that, before registration of the case, the Court has to come to the conclusion that the complainant had deposed falsely on oath intentionally and deliberately. In the absence of such enquiry, registration of the case cannot be sustained. Making such submissions, learned counsel for the petitioner prays to allow the petition. 8. Per contra, learned Spl. Public Prosecutor for the respondent No.2 - Lokayukta justified the order passed - 5 - HC-KAR NC: 2025:KHC-K:4170 CRL.P No. 200281 of 2024 by the Trial Court and further, he submitted that the registration of criminal case for the offence punishable under section 193 of IPC is proper and there is no reason to interfere with the said findings. Making such submissions, learned Spl. Public Prosecutor prays to dismiss the petition. 9. Similarly, learned counsel for the respondent No.1 adopted the arguments of learned Spl. Public Prosecutor for respondent No.2 – Lokayukta and prays to dismiss the petition. 10. Having heard learned counsel for the respective parties and also perused the findings of the Trial Court in passing the impugned order, it appears from the record that the petitioner was selected as a Police Constable at Karnataka State Reserve Police and he has to obtain Sindhutva Certificate. According to him, the Revenue Inspector, namely, Vijaykumar Swamy had demanded a sum of Rs.11,000/- as a bribe. - 6 - HC-KAR NC: 2025:KHC-K:4170 CRL.P No. 200281 of 2024 11. After he lodging the complaint, the law is set into motion. After conducting the investigation, submitted the charge sheet. In the evidence, he has turned hostile and not supported the case of the prosecution. Therefore, the Trial Court directed the Chief Ministerial Officer of the Court to initiate proceedings against the petitioner. 12. Learned counsel for the petitioner has not made available the private complaint and other relevant documents to the Court to arrive at a conclusion as to whether this is a case to proceed against the witness under Section 193 of Cr.P.C. Further, the depositions are also not available on record. Therefore, at this stage, the validity of initiation of criminal proceedings against the petitioner cannot be held to be illegal, for the reason that, the petitioner has not produced depositions and other relevant documents for the purpose of arriving at a conclusion. - 7 - HC-KAR NC: 2025:KHC-K:4170 CRL.P No. 200281 of 2024 13. In the light of the observation made above, I proceed to pass the following:- ORDER The Criminal Petition is disposed of with a liberty to file a similar petition, with all the relevant documents, for the same relief. Sd/- (S RACHAIAH) JUDGE BSS List No.: 19 Sl No.: 2