Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:25600 CRL.P No. 5093 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5093 OF 2025 BETWEEN:
SRI. H.S. RAVINDRAPPA, S/O LATE SOMANNA, AGED ABOUT 61 YEARS, R/AT NO.129, 5TH CROSS, 2ND MAIN ROAD, DEVARAJ ARS NAGAR, SHIVAMOGGA – 577 204.
HOTHANKATTE GRAMA, SOLUR POST, SHIKARIPURA, SHIVAMOGGA DISTRICT – 577 427. …PETITIONER (BY SRI. BASAVARAJ S SAPPANNAVAR, ADVOCATE) AND:
1.
STATE OF KARNATAKA, BY LOKAYUKTHA P.S., SHIVAMOGGA, REPRESENTED BY SPL.P.P., HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
2.
SRI. SUNIL GAYAKVAD, S/O HANUMANTHRAO GAYAKVAD, AGED ABOUT 33 YEARS, R/AT GULLAMMAA, TEMPLE ROAD, RANGAPPA CIRCLE, BHADRAVATHI – 577 301. Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:25600 CRL.P No. 5093 of 2025 …RESPONDENTS (BY SRI.LETHIF B., ADVOCATE FOR R1)
THIS CRL.P. IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.C (PC) NO.428/2024 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA FOR THE O/P/U/S 7A OF P.C ACT, 1988 (AMENDED ACT, 2018).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this Petition, Petitioner seeks the following relief:
"WHEREFORE, in the light of what has been submitted supra, it is most humbly prayed that this Hon'ble Court may be pleased to call for the entire records in Anti Corruption Bureau/Lokayuktha PS Crime No.08/2019, Shivamogga on the file of the Principal District and Sessions Judge, Shivamogga and to quash the entire proceedings in SPl.C.(PC) No.428/2024 on the file of the I Addl. District and Sessions Judge, Shivamogga for the offence punishable under section 7(A) of Prevention of Corruption Act, 1988 (Amended Act, 2018), in the interest of justice and equity."
2. Though several contentions have been urged in the present Petition, it is an unurged fact that the Petitioner has already filed a Discharge Application before the trial Court which still is pending consideration.
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HC-KAR NC: 2025:KHC:25600 CRL.P No. 5093 of 2025
3. In view of the above, this Petition stands
disposed off reserving liberty in favour of the Petitioner to prosecute the Discharge Application and urge all
contentions including the ones urged in the present Petition before the trial Court, which shall consider the same and proceed further.
4. Liberty is reserved in favour of the Petitioner to approach this Court subsequently after the trial court passes appropriate orders on the Discharge Application filed by the Petitioner as stated supra. Subject to the aforesaid directions and liberty reserved in favour of the Petitioner, this Petition stands
disposed off. Sd/- (S.R.KRISHNA KUMAR) JUDGE BSV List No.: 1 Sl No.: 42