Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33685 CRL.RP No. 1215 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL REVISION PETITION NO.1215 OF 2025 BETWEEN:
1.
SHRI. M. THYAGARAJ, S/O D.M. MUNIRAJAPPA, AGED ABOUT 70 YEARS, RETIRED CHIEF ACCOUNTANT OFFICE OF CHIEF ENGINEER, BBMP WEST ZONE, BENGALURU, R/AT NO.62, 2ND MAIN ROAD, BINNY LAYOUT, 3RD STAGE, ATTIGUPPE, VIJAYANAGAR 2ND STAGE, BENGALURU-560040. …PETITIONER
(BY SRI. BAJANTRI VIJAYKUMAR VITHALRAO, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY CRIME INVESTIGATION DEPARTMENT (CID)/BMTF, 1, DR. A. KRISHNA RAO RD N, AMBEDKAR VEEDHI, SAMPANGI RAMANAGAR, BENGALURU-560001.
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001. …RESPONDENT
(BY SRI. M. DIVAKAR MADDUR,HCGP)
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:33685 CRL.RP No. 1215 of 2025
THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401 (FILED U/S.438 R/W SEC.442 BNSS) OF CR.P.C PRAYING TO QUASH THE ORDER DATED 11.04.2025 PASSED BY THE 78TH ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, FOR PREVENTION OF CORRUPTION ACT, 1988 BENGALURU, IN SPL.C.C.NO.700/2020 QUA THE PETITIONER HEREIN VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
ORAL ORDER
Heard the learned counsel for the revision petitioner and the learned High Court Government Pleader appearing for the respondent State. 2. This Court in Crl.R.P.No.975/2024 and other connected with 115 cases dated 22.03.2025 having considered the matter in detail, taken note of the material available before the Court. While disposing of the revision petitions, this Court made it clear that all the criminal revision petitions are allowed. The order passed by the Trial Court in all the cases are set aside. The matters are remitted back to the Trial Court to consider the matter afresh in view of the observations made by this Court on merits. The Trial Court was directed to consider the sanction order given by the State to continue the
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HC-KAR NC: 2026:KHC:33685 CRL.RP No. 1215 of 2025
proceedings against the accused where the proceedings have already been quashed by giving liberty to file sanction order and continue to proceed against them from the stage of taking cognizance. This Court also made it clear in the operative portion No.(iv) of the order that, if no such sanction is given in respect of the accused persons, which have been relied upon by the respondents, there cannot be any proceedings against those accused persons. 3. The learned counsel for the revision petitioner brought to the notice of this Court that there is no sanction against this petitioner in Special C.C.No.700/2020 and this petitioner has been arrayed as accused No.6, Sri M.Thyagaraj, S/o late D.M.Munirajappa, Chief Accountant (Rtd.), Office of the Chief Engineer, BBMP West Zone, Bengaluru, residing at No.62, 2nd Main Road, Binny Layout, 3rd Stage, Attiguppe, Vijaya Nagara 2nd Stage, Bengaluru-40. When there is no such sanction, the question of issuing the summons to the accused does not arise. The learned counsel also brought to the notice of this Court issuing of summons to this petitioner vide order dated 11.04.2025 and the Trial Court issued summons to accused Nos.2 to 4 and 6 to 8. The learned counsel would
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HC-KAR NC: 2026:KHC:33685 CRL.RP No. 1215 of 2025
vehemently contend that continuation of proceedings against this petitioner does not arise in view of the specific order passed by this Court in Crl.R.P.No.975/2024 and other connected petitions. 4.
Per contra, the learned High Court Government Pleader appearing for the respondent State took time to clarify whether there is a sanction against this petitioner. The learned counsel would submit that there is no sanction against this petitioner. 5. The order of this Court is very clear that if no such sanction is given in the respect of the accused persons, which have been relied upon by the respondents, there cannot be any proceedings against those accused persons. When such specific observation is made by this Court and also when there is no sanction against this petitioner, the question of continuing the criminal proceedings in Special C.C.No.700/2020 against the petitioner does not arise. Hence, the issuance of summons is hereby set aside and the revision petitioner is set at free in this proceedings in view of the detailed observations made by this Court in the earlier revision petitions. - 5 -
HC-KAR NC: 2026:KHC:33685 CRL.RP No. 1215 of 2025
6. Accordingly, the criminal revision petition is
disposed of. Sd/- (H.P.SANDESH) JUDGE
MD List No.: 1 Sl No.: 17