- 1 - HC-KAR NC: 2025:KHC:39857 WP No. 29071 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 29071 OF 2025 (GM-RES) BETWEEN: SRI. KIRANKUMAR N.S. S/O SHANKARAPPA, AGED ABOUT 44 YEARS, W/A FIRST DIVISION REVENUE INSPECTOR, SHIVAMOGGA TALUK, HARANAHALLI HOBLI, SHIVAMOGGA DISTRICT-577 416. R/A: C/O ARUN KUMAR, ASHOKA RATNA NILAYA, NEW RANGANATHA LAYOUT, AYANURU, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT-577 211. …PETITIONER (BY SRI. P.P. HEGDE, SENIOR COUNSEL FOR SRI. RAGHAVENDRA G. GAYATRI, ADVOCATE) AND: 1. THE STATE BY KARNATAKA REPRESENTED BYLOKAYUKTA POLICE, REP BY DEPUTY SUPERINTENDENT OF POLICE, WHH9+GHR, BANGALORE-HONNAVAR ROAD, NEAR WATER TANK, GANDHI BAZAR, KR PURAM, SHIVAMOGGA, KARNATAKA-577 202. 2. KUM. GEETA R.M. D/O MALLESHAPPA, AGED ABOUT 38 YEARS, R/A: ARALIHALLI GRAMA, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39857 WP No. 29071 of 2025 KOODLIGERE HOBLI, BHADRAVATI TALUK, SHIVAMOGGA DISTRICT-577 233. …RESPONDENTS (BY SRI. B.S. PRASAD, ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, 1950 READ WITH SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF I ADDL. SESSIONS JUDGE AND SPECIAL JUDGE, SHIVAMOGGA IN SPL.(PC).C.NO.112/2019 (VIDE ANNEXURE-A) CONSEQUENTLY ALSO QUASH THE CHARGESHEET DATED 30.03.2019 (VIDE ANNEXURE-B) INSOFAR AS IT RELATES TO PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned Senior counsel Sri P.P.Hegde appearing for Sri Raghavendra G. Gayatri, learned counsel for petitioner and the learned Special Prosecutor appearing for the State. 2. Petitioner has called in question the legality and correctness of the chargesheet filed in Spl. (PC) C. No.112/2019 and consequent proceedings pending before - 3 - HC-KAR NC: 2025:KHC:39857 WP No. 29071 of 2025 the Court of I Additional Sessions Judge and Special Judge, Shivamogga. 3. Chargesheet is filed against accused Nos.1 and 2 for the offence punishable under Section 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988. 4. It is contended that the offences alleged against the petitioner does not bear resemblance with the very incident and there exist no materials to prove the primary ingredients of the Sections invoked in the chargesheet. It is also contended that no amount was recovered from the petitioner, arraigned as accused No.1 in the chargesheet and accused No.2 is no more, from whom the tainted currency was allegedly recovered. It is also contended that no work of the complainant was pending with the petitioner and the prosecution has not collected the material against the petitioner so as to continue the criminal proceedings etc. - 4 - HC-KAR NC: 2025:KHC:39857 WP No. 29071 of 2025 5. The chargesheet is already filed in this case. It is not in dispute that accused No.2 from whom the tainted currency was recovered, is no more. In that view of the matter, petitioner is permitted to file necessary application seeking discharge before the trial Court. If any such application is filed the learned trial Judge shall consider the same as expeditiously as possible, in accordance with law. Petition is disposed of. All the contentions of the petitioner is kept open. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 43