Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 71704 (KAR)

SRI KIRAN MOHAN JIRAGYALA v. THE STATE BY LOKAYUKTA POLICE

CRL.P/12574/2024 · 2025-09-17

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:37583 CRL.P No. 12574 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12574 OF 2024 BETWEEN: SRI KIRAN MOHAN JIRAGYALA S/O. LATE MOHANA DEVENDRA JIRAGYALA, AGED ABOUT 35 YEARS, BILL COLLECTOR, CITY MUNICIPALITY (WORKING PLACE) HASSAN - 573 201 PERMANENT RESIDENT OF AHTANI NAGARA, NEAR BUS STAND, SIDARTH NAGARA, BELGAUM DISTRICT. …PETITIONER (BY SRI. MOHAN M. BHAT, ADVOCATE) AND: 1. THE STATE BY LOKAYUKTA POLICE HASSAN BY THE SPECIAL PUBLIC PROSECUTOR, ATTACHED TO THE HONBLE HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SRI. C. B. RAMESH S/O. SRI. BASAVARAJU, AGED ABOUT 55 YEARS, AGRICULTURIST, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37583 CRL.P No. 12574 of 2024 RESIDING AT FOREST QUARTERS, HASSAN, PERMANENT RESIDENT OF CHIGALLI VILLAGE, SHANTHIGRAMA HOBLI, HASSAN DISTRICT. …RESPONDENTS (BY SRI. B.S. PRASAD, ADVOCATE FOR R1) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN CRIME NO.4/2021 (COURT CR.NO.124/2021) REGISTERED BY THE LOKAYUKTA POLICE, HASSAN FOR THE OFFENCE P/US/ 7(a) OF PREVENTION OF CORRUPTION ACT, 1988 (AMENDED 2018) PENDING BEFORE THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT HASSAN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the accused seeking quashing of the proceedings in Crime No.4/2021 registered by the Lokayukta Police for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the Act”). 2. The case of the prosecution, as could be gathered from the complaint lodged by respondent No.2, is that the informant had submitted an application before the City Municipality - 3 - HC-KAR NC: 2025:KHC:37583 CRL.P No. 12574 of 2024 seeking relocation of a water connection to his residential property. It is alleged that the petitioner, who was then functioning as a public servant, demanded illegal gratification from the informant for processing the said request. Acting on the complaint, respondent No.1 is stated to have laid a trap and prepared a contemporaneous mahazar. The petitioner was apprehended during the said trap, arrested, produced before the jurisdictional court, and remanded to judicial custody. He was subsequently enlarged on bail. Meanwhile, the City Municipality issued a demand letter calling upon the informant to clear arrears in respect of the water connection to the subject property. 3. The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure seeking quashing of the criminal proceedings, primarily on the ground that the complaint does not disclose the commission of any offence, much less an offence under Section 7(a) of the Act. It is contended that the alleged “trap” does not satisfy the statutory ingredients of Section 7(a), as the demand said to have been made by the petitioner pertained only to arrears legitimately - 4 - HC-KAR NC: 2025:KHC:37583 CRL.P No. 12574 of 2024 due towards the water connection. To substantiate this contention, reliance is placed upon Annexure–G, which evidences that, subsequent to the alleged incident, the Municipality raised a bill demanding payment of arrears amounting to `16,080/-. 4. Per contra, learned counsel appearing for respondent No.1 submits that the investigation has already progressed substantially and is in its final stages. It is submitted that, within a period of three months, the investigating agency will complete the process and take appropriate action. On this premise, he urges that no indulgence be shown to the petitioner at this juncture, as any interference may impede the completion of the investigation. 5. Having heard the learned counsel for the parties and upon perusal of the material available on record, this Court is of the opinion that the matter does not warrant exercise of inherent jurisdiction for quashing the proceedings at this stage. While this Court does find some merit in the submission of the petitioner’s counsel that the complaint was lodged as far back as in 2021 and that the investigation has remained incomplete - 5 - HC-KAR NC: 2025:KHC:37583 CRL.P No. 12574 of 2024 for nearly three years, thereby causing prejudice to the petitioner, such circumstance, by itself, cannot be a ground to scuttle the proceedings altogether. However, the prolonged pendency of investigation cannot be countenanced indefinitely. 6. In the considered view of this Court, the ends of justice would be met if the investigating agency is directed to expedite and conclude the investigation within a fixed time frame. Accordingly, while declining to interfere with the prosecution, respondent No.1 is directed to complete the investigation in Crime No.4/2021 and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a certified copy of this order. With the above observations and directions, the petition stands dismissed. All pending interlocutory applications, if any, stand disposed of in terms of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK/CT: BHK