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2026 DAILYLAW 48876 (KAR)

MAHESH v. STATE BY

CRL.P/8728/2024 · 2026-01-21

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3345 CRL.P No. 8728 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8728 OF 2024 BETWEEN: MAHESH S/O LATE JAVAREGOWDA, AGED ABOUT 60 YEARS, SUPERINTENDENT ENGINEER (RTD) DC (DEVELOPMENT) MANGALORE CITY CORPORATION, MANGALORE RES AT NO. 30 JTK LAYOUT KHB COLONY, KUVEMPUNAGAR MYSORE – 570 023 …PETITIONER (BY SRI. DINAKAR M.P., ADVOCATE) AND: STATE BY KARNATAKA LOKAYUKTHA POLICE MYSORE – 570023 REP. BY SPP HIGH COURT OF KARNATAKA BNGALORE-560 001 …RESPONDENT (BY SRI.B.B.PATIL, ADVOCATE) THIS CRL.P FILED U/S.482 CR.P.C (U/S 528 BNSS) , PRAYING THAT, PLEASED TO QUASH THE FIR IN CR.NO.6/2023, FOR THE OFFENCES P/U/S 13(1)(b) R/W 13(2) OF PC ACT, PENDING ON THE FILE OF THE III ADDITIONAL DISTRICT SESSION AND SPECIAL COURT, MYSORE DISTRICT, MYSORE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3345 CRL.P No. 8728 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this court calling in question Registration of Crime in Crime No.6/2023 registered for offence punishable under Section 13(1)(b) and Section 13(2) of Prevention of Corruption Act, 1988. (hereinafter referred to as the ‘Act’ for short). 2. The learned counsel appearing for the petitioner would project three principal grievances. The salary income of the petitioner is short taken while drawing the source report. The house that is received which is now found in the source report is by way of a agricultural land which is now taken as income is received by way of a gift and the third one is that the son of the petitioner is working from whom he has received the amount and the said amount is reflected in the income tax. Therefore would seek to place reliance upon several judgments that there is lacunae. - 3 - HC-KAR NC: 2026:KHC:3345 CRL.P No. 8728 of 2024 3. Learned Counsel for the respondent Sri B.B.Patil has now placed the charge sheet material on record as investigation was directed to be continued by this court. 4. The prima facie on perusal of the charge sheet material would indicate that all the three instances that the petitioner has now projected has merited consideration during investigation, but the disproportionate assets still remains, but is largely reduced from 141% to 48%. Therefore, the respondent-Lokayuktha is permitted to file the charge sheet before the concerned court upon which it is open to the petitioner to seek discharge from the concerned court on production of all the material. It is needless to observe that the concerned court would consider the same on its merit and pass necessary orders in accordance to law. 5. In the event if the petitioner would prefer such an application seeking orders, the petition is disposed of. Sd/- (M.NAGAPRASANNA) JUDGE TS,List No.: 1 Sl No.: 15