Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 80552 (KAR)

K R CHIDANANDA v. STATE OF KARNATAKA

CRL.P/4592/2018 · 2025-07-23

J M Khazi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 4592 OF 2018 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 4023 OF 2018 CRIMINAL PETITION NO. 9771 OF 2022 CRIMINAL PETITION NO. 10905 OF 2022 IN CRL.P No. 4592/2018 BETWEEN: K R CHIDANANDA S/O LATE RAMA REDDY AGED ABOUT 58 YEARS, THEN WORKING AS ASSISTANT EXECUTIVE ENGINEER CITY MUNICIPAL COUNCIL CHITRADURGA-577501 PRESENTLY WORKING AS ASSISTANT EXECUTIVE ENGINEER PROJECT DIVISION, YELAHANKA ZONE BYATARAYANAPURA, BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU-560092 PRESENTLY RESIDING AT NO.22/23 2ND CROSS, KASHI NAGAR, AMRUTH HALLI SAHAKARA NAGAR POST BENGALURU-560092 …PETITIONER (BY SRI. R KOTHWAL, ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER AND: STATE OF KARNATAKA BY INSPECTOR OF POLICE KARNATAKA LOKAYUKTHA POLICE STATION, CHITRADURGA-577501 …RESPONDENT (BY SRI. VENKATESH S ARABATTI, SPP) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN SPL.C.(PC).01/2018 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA (ANNEXURE-B) IN SO FAR AS THE ACCUSED NO.3/PETITIONER HEREIN IS CONCERNED. IN CRL.P NO. 4023/2018 BETWEEN: SRI RAJABAKSH B KITTUR S/O BABUSAB KITTUR, AGED AOBUT 48 YEARS, OCC:A.E.E, P.W.D. GADAG, R/O DENA BANK COLONY, KUMARESHWAR NAGAR, DHARWAD-580008 ...PETITIONER (BY SRI.S.P.KULKARNI, SR.COUNSEL, SRI.VASANTH KUMAR.K.M, ADVOCATE) AND: THE STATE OF KARNATAKA BY KARNATAKA LOKAYUKTHA POLICE CHITRADURGA DISTRICT. NOW REPRESENTED BY STATE SPL P.P., - 3 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER (LOKAYUKTHA) HIGH COURT OF KARNATAKA BUILDING, BANGALORE-560001 ...RESPONDENT (BY SRI.VENKATESH.S.ARABATTI, SPP) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SPL.CASE (P.C) NO.1/2018 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, FILED UNDER SEC.11,13(1)(c),13(1)(d) R/W SECTION 13(2) OF THE PREVENTION OF CORRUPTION ACT 1988, R/W SECTION 409 AND 417 OF IPC AND ALSO UNDER SECTION 23 OF KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENT ACT 1999, BEING ARBITRARY, ERRONEOUS, NOT MAINTAINABLE AND OPPOSED TO LAW EQUITY AND JUSTICE APART FROM BEING ABUSE OF PROCESS OF COURT, IN SO FAR AS THE PETITIONER HEREIN (ACCUSED NO.4 IN T.C). IN CRL.P NO. 9771/2022 BETWEEN: 1. SRI N NARASIMHA RAJU S/O DODDANARAYANAPPA AGED ABOUT 58 YEARS, ASSISTANT EXECUTIVE ENGINEER, CITY MUNICIPALITY, CHITRADURGA-577501 2. SMT H K SHRUTHI D/O KRISHNA MURTHY AGED ABOUT 33 YEARS JUNIOR ENGINEER, CITY MUNICIPALITY CHITRADURGA-577501 ...PETITIONERS (BY SRI.VIGHNESHWAR.S, SR.COUNSEL FOR - 4 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER SRI. GURURAJ. R, ADVOCATE) AND: 1. STATE OF KARNATAKA LOKAYUKTHA POLICE STATION, CHITRADURGA - 577501 REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BENGALURU-560001 2. POLICE INSPECTOR KARNATAKA LOKAYUKTA POLICE, CHITRADURGA-577501 ...RESPONDENTS (BY SRI.VENKATESH.S.ARABATTI, SPP) THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.6/2014 REGISTERED BY INSPECTOR OF POLICE, LOKAYUKTA, CHITRADURGA AND ENTIRE PROCEEDINGS INCLUDING CHARGE SHEET SUBMITTED IN SPL.C.(PC) NO.1/2018 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA FOR THE OFFENCES P/U/S 11, 13(1)(c), 13(1)(d) R/W 13(2) OF PREVENTION OF CORRUPTION ACT 1988 AND SECTION 409, 417 OF IPC 1860, AND SECTION 23 OF KARNATAKA TRANSPARENCY IN PUBLIC PROCUREMENT ACT, 1999. IN CRL.P NO. IN CRL.P NO. 10905/2022 BETWEEN: SRI G MANOJ S/O D GIRISH AGED 50 YEARS PRESENTLY WORKING AS ZONAL COMMISSIONER HUBBALI DHARWAD MUNICIPAL CORPORATION R/AT BANASHANAKARINAGAR - 5 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER DHARWAD-580001 ...PETITIONER (BY SRI.C.VIJAYA KUMAR, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH LOKAYUKTA PS CHITRADURGA R/BY ITS SPECIAL PUBLIC PROSECUTOR LOKAYUKTA HIGH COURT OF KARNATAKA BENGALURU-560001 ...RESPONDENT (BY SRI.B.S.PRASAD, SPP) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE COMPLAINT DATED 05.07.2014 (ANNEXURE-A) FIR IN CR.NO.6/2014 DATED 07.07.2014 REGISTERED BY THE RESPONDENT LOKAYUKTA POLICE, CHITRADURGA FOR THE OFFENCES P/U/S 11,13(1)(c),13(1)(d) R/W 13(2) OF THE P.C ACT, SEC.409,417 OF IPC AND SEC.23 OF THE KTPP ACT (ANNEXURE-B), CHARGE SHEET (ANNEXURE-C) AND ORDER TAKING COGNIZANCE DATED 05.03.2018 PASSED IN SPL.C.(PC) NO.01/2018 FOR THE OFFENCES P/U/S 11,13(1)(c),13(1)(d) R/W 13(2) OF THE P.C ACT, SEC.409,417 OF IPC AND SEC.23 OF KTPP ACT AND ALL THE PROCEEDINGS ARISING THEREFROM INITIATED AGAINST THE PETITIONER PENDING ON THE FILE OF THE LEARNED PRL.DISTRICT AND SESSIONS JUDGE, CHITRADURGA (ANNEXURE-D). THESE PETITIONS, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI - 6 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER COMMON ORDER In these petitions filed under Section 482 of the Code of Criminal Procedure, accused Nos.3 to 6 and 8 have sought for quashing of criminal proceedings initiated against them for the offences punishable under Sections 13(1)(c), (d) r/w 13(2) of Prevention of Corruption Act, Section 409, 417 IPC and Section 23 of Karnataka Transparency in Public Procurement Act, 1999 ('KTPP Act' for short) in Spl.C (PC) 1/2018 on the file of Prl.District and Sessions Judge, Chitradurga, arising out of Cr.No.6/2014 of Karnataka Lokayukta Police, Chitradurga. 2. Crl.P.No.4592/2018 is filed by accused No.3. 3. Crl.P.No.4023/2018 is filed by accused No.4. 4. Crl.P.No.9771/2022 is filed by accused No.6 and 8. 5. Crl.P.No.10905/2022 is filed by accused No.5. - 7 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER 6. In support of the petitions, the petitioners have contended that they are innocent of the offences alleged and have been falsely implicated at the instance of persons inimical towards them. The entire story of the prosecution is concocted. There is no iota of evidence against the petitioners in the complaint or remand application and the charge sheet. The initiation of criminal proceedings against the petitioners is nothing but abuse of the process of law, which is occasioned grave miscarriage of justice. It has caused immense mental agony and the proceedings is used as an instrument of apprehension and harassment at the hands of frustrated and vindictive attitude of respondent. Respondent has not acted in a fair manner before lodging the First Information. The ingredients of the offences alleged are not attracted. 6.1 It is further averred petitioners are not the tender calling authority. They are not empowered to call the tender, accept and accord orders. It is the duty of Commissioner of City Municipal Council who is the Chief - 8 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER Executive. The allegations made are unfounded, imaginary and based on presumptions and assumptions. On the face of it, no case is made out against the petitioners. There is no application of mind before issuing sanction order. There is no proper investigation. Continuation of the proceedings would amount to abuse of the process of the Court and hence, the petitions. 6.2 Accused No.4 has further contended that in the Source report and the FIR, his name does not find place. He has submitted technical report, recommending to call for tender, but the Commissioner has not returned the file to the technical wing and only on the basis of quotation, he has procured the material without calling for tender in contravention of Section 347 of TMC Act. There is no demand or acceptance of any bribe. Accused No.4 has inspected the area and prepared list of required material to be procured through tender as per KTPP Act. However, the Commissioner has failed to call for tender. There is - 9 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER long delay in filing the complaint. There is no evidence to attract the provisions alleged against the petitioners. 6.3 Accused No.5 has further pleaded that there are no specific allegations. Continuation of the criminal proceedings on omnibus and vague allegations would amount to abuse of the process of the Court. 6.4 The charge sheet pertains to offences committed by the accused persons regarding purchase of material for supply of water in respect of Chitradurga Town Municipality for the period from 2008 to 2013. 7. In support of his arguments, learned counsel for petitioners has relied upon the following decisions: (i) State of Haryana Vs. Bhajanlal (Bhajanlal)1 (ii) Pepsi Foods Vs. Spl.Judicial Magistrate (Pepsi Foods)2 1 AIR 1992 SC 604 2 AIR 1998 SC 128 - 10 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER (iii) Rajiv Thapar and Ors. Vs. Madan Lal Kapoor (Rajiv Thapar)3 (iv) Lalita Kumari Vs. State of U.P (Lalita Kumari)4 (v) Basavaraj Vs. State of Karnataka (Basavaraj)5 (vi) M/s Zandu Pharmaceuticals Vs. Md. Scharaful Haquk (Zandu Pharmaceuticals)6 8. On the other hand learned Special Public Prosecutor representing respondent Lokayukta would submit that on receipt of credible information regarding mismanagement, misappropriation and irregularities in procuring necessary material for supply of water in the Town Municipality, Chitradurga, the Police Inspector, Karnataka Lokayukta, Chitradurga conducted detailed enquiry and submitted report dated 05.07.2014 noticing the following shortcomings: 3 AIR 2013 SC (Crl) 659 4 AIR 2014 SCC 187 5 2020 (3) KCCR 2141 6 AIR 2005 SC 9 - 11 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER (i) No report was prepared with regard to shortage of material and demand note for supply was not furnished. (ii) Rate estimate based on Schedule of rates and market rate and the EMD based on the total cost for purchase was not prepared. It enabled the tender participants to quote rates according to their whims and fancies. (iii) Since the tender estimates were not fixed, there was no occasion for the authorities to discuss and reduce the rate quoted by the tender participants to reduce it below the estimates and in the event of participants not agreeing for the same cancel the tender and call for fresh tender. The concerned officials have intentionally allotted the tender to those participants who have quoted higher rate than schedule of rates and market rate. (iv) No exercise was made to examine the capacity of agencies who participated in tender. - 12 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER (v) The concerned officers have superficially examined the quality of the product supplied. (vi) For the year 2008-09 to 2012-13, Rs.81,55,964/- was paid in excess of market rate/schedule rate. (vii) Prima facie the following persons are found to be involved in the tender irregularities: (1)Sri.S.T.Mohanraj, Incharge Municipal Commissioner, Town Municipal, Chitradurga. (2)Sri.S.Vijaykumar, Retired Municipal Commissioner, Town Municipal, Chitradurga. (3)Sri.Chidananda, Incharge Municipal Commissioner, Town Municipal, Chitradurga. (4)Smt.Gouzia Banu, Ex.President, Town Municipal, Chitradurga. (5)Smt.Sharadamma, Ex.President, Town Municipal, Chitradurga. (6)Smt.Lakshmamma, Ex.President, Town Municipal, Chitradurga. (7)Smt.Sunitha Mallikarjun, Ex.President, Town Municipal, Chitradurga. (8)Sri.Puttappa, First Division Assistant, Town Municipal, Chitradurga. - 13 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER (9)Sri.N.T.Thippeswamy, Second Division Assistant, Town Municipal, Chitradurga. 8.1 Based on the said report, Superintendent of Police, Chitradurga has permitted for registering the case and to investigate. He authorized Sri.Mruthyunjaya, PI-1, KLA, Chitradurga to investigate the matter. 8.2 After conducting detailed investigation, charge sheet is filed against accused Nos.1 to 14, making the following specific allegations: 8.3 The allegations for the year 2008-09 are as under: (i) Accused No.11 Smt.Gouzia Banu was the President of the Town Municipal Council. She failed to hold meeting inviting the members of the Standing Committee and thereby failed to secure tender approval. During the said period, accused No.1 T.N.Mohanraj, was the Municipal Commissioner and an officer responsible. Even though technical report was not submitted and he has failed to - 14 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER secure such technical report from the concerned officer and given approval to the tender which was called without following the rules and regulations and thereby prevented transparency in evaluation and acceptance of tender. (ii) During the said period, accused No.3 K.R. Chidananda, accused No.4 Raja Bhakshi Kittur and accused No.5 G.Mohan were the officers of technical wing. They approved supply of material without visiting the spot and examining the requirement of material for supply of water. (iii) During the said period accused No.10 N.T.Thippeswamy @ N.T.Thippeshappa was the case worker. Without securing technical report, he has submitted request for supply of material. (iv) Thus, in all for the year 2008-09, the accused Nos.1, 3 to 5, 10 and 11 have caused loss of Rs.39,98,383/- by not following the prescribed procedure. - 15 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER 8.4 The allegations with respect to the 1st tender for the year 2010-11 are as under: (i) Accused No.12 Smt.Sunitha Mallikarjun was the President of the Town Municipal Council. She failed to hold meeting inviting the members of the Standing Committee and thereby failed to secure tender approval. During the said period, accused No.2 S.Vijaykumar, was the Municipal Commissioner and an officer responsible. Even though technical report was not submitted, he has failed to secure such technical report from the concerned officer and given approval to the tender which was called without following the rules and regulations and thereby prevented transparency in evaluation and acceptance of tender. (ii) During the said period, accused No.4 Raja Bhakshi Kittur and accused No.6 Narasimharaju were the officers of technical wing. They approved supply of material without visiting the spot and examining the requirement of material for supply of water. - 16 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER (iii) During the said period accused No.9 Puttappa was the case worker. Without securing technical report, he has submitted request for supply of material. (iv) Thus, for the year 2010-11, accused Nos.2, 4, 6, 9 and 12 have caused loss of Rs.1,49,750/- by not following the prescribed procedure. 8.4 The allegations with respect to the 2nd tender for the year 2010-11 are as under: (i) Accused No.14 Smt.Lakshmamma was the President of the Town Municipal Council. She failed to hold meeting inviting the members of the Standing Committee and thereby failed to secure tender approval. During the said period, accused No.2 S.Vijaykumar, was the Municipal Commissioner and an officer responsible. Even though technical report was not submitted, he has failed to secure such technical report from the concerned officer and given approval to the tender which was called without following - 17 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER the rules and regulations and thereby prevented transparency in evaluation and acceptance of tender. (ii) During the said period, accused No.4 Raja Bhakshi Kittur and accused No.6 Narasimharaju were the officers of technical wing. They approved supply of material without visiting the spot and examining the requirement of material for supply of water. (iii) During the said period accused No.9 Puttappa was the case worker. Without securing technical report, he has submitted request for supply of material. (iv) Thus, for the year 2010-11, in respect of 1st tender accused Nos.2, 4, 6, 9 and 12 have caused loss of Rs.5,27,800/- by not following the prescribed procedure. 8.4. The allegations with respect to the 3rd tender for the year 2010-11 are as under: (i) Accused No.13 Smt.Sharadamma, was the President of the Town Municipal Council. She failed to hold meeting - 18 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER inviting the members of the Standing Committee and thereby failed to secure tender approval. During the said period, accused No.2 S.Vijaykumar, was the Municipal Commissioner and an officer responsible. Even though technical report was not submitted and he has failed to secure such technical report from the concerned officer and given approval to the tender which was called without following the rules and regulations and thereby prevented transparency in evaluation and acceptance of tender. (ii) During the said period, accused No.4 Raja Bhakshi Kittur and accused No.7 R.Srinivas were the officers of technical wing. They approved supply of material without visiting the spot and examining the requirement of material for supply of water. (iii) During the said period accused No.10 N.T.Thippeswamy @ N.T.Thippeshappa was the case worker. Without securing technical report, he has submitted request for supply of material. - 19 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER (iv) Thus, for the year 2010-11, in respect of 3rd tender, accused Nos.2, 4, 7, 10 and 13 have caused loss of Rs.5,26,565/- by not following the prescribed procedure. 8.5 The allegations for the year 2011-12 are as under: (i) Accused No.12 Smt.Sunitha Mallikarjuna was the President of the Town Municipal Council. She failed to hold meeting inviting the members of the Standing Committee and thereby failed to secure tender approval. During the said period, accused No.2 S.vijaykumar, was the Municipal Commissioner and an officer responsible. Even though technical report was not submitted and he has failed to secure such technical report from the concerned officer and given approval to the tender which was called without following the rules and regulations and thereby prevented transparency in evaluation and acceptance of tender. - 20 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER (ii) During the said period, accused No.4, Raja Bhakshi Kittur, accused No.6 Narasimharaju, accused No.7 Srinivas and accused No.8 H.K.Shruthi were the officers of technical wing. They approved supply of material without visiting the spot and examining the requirement of material for supply of water. (iii) During the said period accused No.9 Puttappa was the case worker. Without securing technical report, he has submitted request for supply of material. (iv) Thus, in all for the year 2011-12, the accused Nos.2, 4, 6, 7, 8, 9 and 12 have caused loss of Rs.25,64,542/- by not following the prescribed procedure. 8.6 The allegations with respect to the 1st tender for the year 2012-13 are as under: (i) Accused No.12 Smt.Sunitha Mallikarjun was the President of the Town Municipal Council. She failed to hold meeting inviting the members of the Standing Committee - 21 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER and thereby failed to secure tender approval. During the said period, accused No.2 S.Vijaykumar, was the Municipal Commissioner and an officer responsible. Even though technical report was not submitted and he has failed to secure such technical report from the concerned officer and given approval to the tender which was called without following the rules and regulations and thereby prevented transparency in evaluation and acceptance of tender. (ii) During the said period, accused No.3 Chidananda, accused No.4 Raja Bhakshi Kittur, accused No.6 Narasimharaju, accused No.7 Srinivas and accused No.8 H.K.Shruthi were the officers of technical wing. They approved supply of material without visiting the spot and examining the requirement of material for supply of water. (iii) During the said period accused No.9 Puttappa was the case worker. Without securing technical report, he has submitted request for supply of material. - 22 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER (iv) Thus, for the year 2012-13, in respect of 1st tender accused Nos.2, 3, 4, 6, 7, 8, 9 and 12 have caused loss of Rs.13,58,500/- by not following the prescribed procedure. 8.6.1 The allegations with respect to the 2nd tender for the year 2012-13 are as under: (i) Accused No.12 Smt.Sunitha Mallikarjun was the President of the Town Municipal Council. She failed to hold meeting inviting the members of the Standing Committee and thereby failed to secure tender approval. During the said period, accused No.2 S.Vijaykumar, was the Municipal Commissioner and an officer responsible. Even though technical report was not submitted and he has failed to secure such technical report from the concerned officer and given approval to the tender which was called without following the rules and regulations and thereby prevented transparency in evaluation and acceptance of tender. - 23 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER (ii) During the said period, accused No.3 Chidananda, accused No.6 Narasimharaju, accused No.7 Srinivas and accused No.8 H.K.Shruthi were the officers of technical wing. They approved supply of material without visiting the spot and examining the requirement of material for supply of water. (iii) During the said period accused No.9 Puttappa was the case worker. Without securing technical report, he has submitted request for supply of material. (iv) Thus, for the year 2012-13, in respect of 2nd tender accused Nos.2, 3, 6, 7, 8, 9 and 12 have caused loss of Rs.5,10,800/- by not following the prescribed procedure. 8.6.2 The allegations with respect to the 3rd tender for the year 2012-13 are as under: (i) Accused No.12 Smt.Sunitha Mallikarjun was the President of the Town Municipal Council. She failed to hold - 24 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER meeting inviting the members of the Standing Committee and thereby failed to secure tender approval. During the said period, accused No.2 S.Vijaykumar, was the Municipal Commissioner and an officer responsible. Even though technical report was not submitted and he has failed to secure such technical report from the concerned officer and given approval to the tender which was called without following the rules and regulations and thereby prevented transparency in evaluation and acceptance of tender. (ii) During the said period, accused No.5 Manoj was the officer of technical wing. They approved supply of material without visiting the spot and examining the requirement of material for supply of water. (iii) During the said period accused No.9 Puttappa was the case worker. Without securing technical report, he has submitted request for supply of material. - 25 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER (iv) Thus, for the year 2012-13, in respect of 3rd tender accused Nos.2, 5, 9 and 12 have caused loss of Rs.1,65,200/- by not following the prescribed procedure. 8.6.3 The allegations with respect to the 3rd tender for the year 2012-13 are as under: (i) Accused No.12 Smt.Sunitha Mallikarjun was the President of the Town Municipal Council. She failed to hold meeting inviting the members of the Standing Committee and thereby failed to secure tender approval. During the said period, accused No.2 S.Vijaykumar, was the Municipal Commissioner and an officer responsible. Even though technical report was not submitted and he has failed to secure such technical report from the concerned officer and given approval to the tender which was called without following the rules and regulations and thereby prevented transparency in evaluation and acceptance of tender. - 26 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER (ii) During the said period, accused No.8 H.K.Shruthi was the officer of technical wing. They approved supply of material without visiting the spot and examining the requirement of material for supply of water. (iii) During the said period accused No.9 Puttappa was the case worker. Without securing technical report, he has submitted request for supply of material. (iv) Thus, for the year 2012-13, in respect of 4th tender accused Nos.2, 8, 9 and 12 have caused loss of Rs.6,75,526/- by not following the prescribed procedure. 8.7 Thus, in all the accused have caused total loss of Rs.1,04,77,066/- for the year 2008-09 to 2012-13 regarding procuring material required for supply of water to the Town Municipality, Chitradurga and thereby committed the offences punishable under Sections 13(1)(c), (d) r/w 13(2) of Prevention of Corruption Act, Section 409, 417 IPC and Section 23 of 'KTPP Act'. In the - 27 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER light of prima facie material to proceed against the petitioners, it is not a case for quashing in exercise of powers under Section 482 Cr.P.C and pray to dismiss the petitions. 9. Heard arguments and perused the record. 10. It is not in dispute that at the relevant point of time, all the accused persons, including the petitioners have worked in City Municipality, Chitradurga. It is also not in dispute that for the relevant financial years, materials were purchased for supply of water to the City Municipality. Admittedly, before calling for tender, technical report and estimation were not prepared. While calling the tenders, minimum rates were not fixed as per the schedule of rates. Before calling the tenders, the meetings of standing committee were not held for approval. Before calling the tender, the concerned officials have not given requisition for the material required and on the other hand in the office note itself, a request is made - 28 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER for the material. Before calling the tender, the concerned officials have not collected the market rates and in the tender minimum rate was not fixed and consequently, the payments were made at a higher rate. In view of not following the KTPP Act and thereby transparency is not maintained. The tender committee is also not formed. The investigation reveal that the concerned accused persons have collected the rates of the material from different departments and local markets. 11. After conducting detailed investigation, the charge sheet is filed against all the accused persons, including the petitioners, which makes out a strong prima facie case to proceed against them. A detailed trial is required to prove the allegations and the petitioners cannot seek quashing of the proceedings and accordingly, the following: - 29 - HC-KAR NC: 2025:KHC:28837 CRL.P No. 4592 of 2018 C/W CRL.P No. 4023 of 2018 CRL.P No. 9771 of 2022 AND 1 OTHER ORDER (i) Petitions filed by petitioners/accused Nos.3 to 6 and 8 filed under Section 482 Cr.P.C are rejected. (ii) The Registry is directed to send a copy of this order to the trial court through e- mail. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 47