State of Karnataka by v. C.Narayana,

ORDER

(i) All the criminal revision petitions are allowed.

(ii) 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.

(iii) The Trial Court is directed to consider the sanction order given by the State to continue the 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.

(iv) If 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.

(v) In the absence of original TVCC report, if any secondary evidence is placed, if the same is admissible and reliable as observed by the Apex Court in the judgment referred supra, the Trial Court is directed to permit the prosecution to place on record all the material recording the evidence of witnesses both oral and documentary evidence in full and then dispose of the matter on merits in accordance with law.

¶4Having considered the factual aspects of the case and the principles laid down by the coordinate Bench of this Court, the facts involved in the present case and the facts involved in the decision cited supra are one and the same, hence, the impugned order passed by the Special court is liable to be set-aside and the matter is remitted back to the trial Court to consider the matter afresh in view of the directions issued by the coordinate Bench in Cr.R.P.No.975/2024 and connected matters.

Accordingly, I pass the following:- ORDER

¶1The criminal revision petition is allowed.

¶2The order dated 20.07.2023 passed by learned LXXVII Additional City Civil and Sessions Judge and the Special Judge, Lokayukta for Trying Offences under the Prevention of Corruption Act, Bengaluru City(CCH-78) in Spl.C.C.No.51/2015 is set-aside. The matter is remitted back to the trial Court to consider the matter afresh in the light of directions issued by the Coordinate Bench.

¶3The trial Court is directed to consider the sanction order given by the State to continue the proceedings against the accused where the proceedings have already been quashed by giving liberty to file sanction order and continue to proceed against the accused from the stage of taking cognisance.

¶4The trial Court is directed to permit the prosecution to place on record all the materials, recording the evidence of witnesses both oral and documentary evidence in full and then dispose of the matter on merits in accordance with law.

Sd/- (VENKATESH NAIK T) JUDGE

MNLIST NO.: 2 SL NO.: 5

((((((((((((HC-KAR, NC:(2026:KHC:45593( CRL.RP(No.(140(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010032992025( ( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(24 (DAY(OF(AUGUST,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(VENKATESH(NAIK(T( CRIMINAL(REVISION(PETITION(NO.(140(OF(2025( (397(CR.PC)(/(438(BNSS))( BETWEEN:(( ( 1., STATE,OF,KARNATAKA,BY, BENGALURU,METROPOLITAN,, TASK,FORCE,,POLICE,STATION, C.I.D.,,BENGALURU., REP.,BY,STATE,PUBLIC,PROSECUTOR, HIGH,COURT,BUILDING, BENGALURU-560001., …PETITIONER, (BY,SRI.,NAGHARISH,,HCGP.), AND:( Digitally signedtiby 1., C.,NARAYANA, RAKSHA S/O,CHANNAPPA, AGED,ABOUT,77,YEARS, Location: High0Court RETIRED,EXECUTIVE,ENGINEER, of0Karnataka SWDB,,BBMP,,CHIEF,ENGINEER,OFFICE, 4TH,BLOCK,,SHOPPING,COMPLEX, JAYANAGARA,,(FORMER,EXECUTIVE,ENGINEER), RAJARAJESWARINAGAR,DIVISION, R/AT,NO.5/15,,II,MAIN,ROAD, BYATARAYANAPURA, BENGALURU-560026., , 2., R.,BENAKESHA, S/O,H.RAMAPPA, AGED,ABOUT,54,YEARS, ((((((((((((HC-KAR, NC:(2026:KHC:45593( CRL.RP(No.(140(of(2025( ( ,,,,,,,,,, , CNR:(KAHC010032992025( ( ( ASSISTANT,ENGINEER, JAYANAGAR,SUB-DIVISION, BBMP,,BENGALURU., R/AT,NO.17,,SRIRAMANILAYA, 2ND,CROSS,,KUVEMPU,LAYOUT, ANJANA,NAGAR,,BENGALURU-91., NATIVE,PLACE,AT,,EDAKOPPA, SORABA,TALUK,,SHIVAMOGGA,DISTRICT., , 3., TARANATH,M,H, S/O,HARIHARAIAH, AGED,MAJOR, CLASS-I,CONTRACTOR, (VINYAS,BUILDERS),,R/AT,NO.304, JNANABHARATHI,MAIN,ROAD, VINYAS,RENAISSANCE,HOUSE, NAGARABHAVI,,BENGALURU-74, NATIVE,PLACE,,MAGODU,VILLAGE, SHIRA,TALUK., …RESPONDENTS, (BY,SMT.,VISMAYA,D,A.,,ADVOCATE,FOR,, ,,,,,,SRI.,PARAMESHWAR,N,HEGDE.,,ADVOCATE,FOR,R1,&,R2:, ,,,,,SMT.,GEETHANJALI,P,,ADVOCATE,FOR,R3(ABSENT)), -------, , THIS,CRL.RP,IS,FILED,U/S,397,R/W,401,CR.PC,(FILED, U/S,438,R/W,442,BNNS),PRAYING,TO,SET,ASIDE,THE,ORDER, DATED, 20.07.2023, PASSED, IN, SPL.C.C.NO.51/2015, ON, THE, FILE,OF,COURT,OF,LXXVII,ADDL.,CITY,CIVIL,AND,SESSIONS, JUDGE, AND, THE, SPECIAL, JUDGE, FOR, TRYING, OFFENCES, UNDER, THE, PREVENTION, OF, CORRUPTION, ACT,, AT, BENGALURU, CITY, BY, ALLOWING, THIS, REVISION, PETITION, AND,ETC., , THIS, PETITION,, COMING, ON, FOR, ORDERS,, THIS, DAY,, ORDER,WAS,MADE,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,VENKATESH,NAIK,T, , ( ORAL ORDER Heard learned High Court Government Pleader Sri. G.S. Nagharish for the revision petitioners/State and Smt. Vismaya D.A., learned counsel for Sri. Parameshwar N Hegde, for respondent Nos.1 and 2. Learned counsel for respondent No.3 is absent. 2. The petitioner has filed this petition under Section 397 r/w Section 401 Code of Criminal Procedure, 1973 praying to set aside the order dated 20.07.2023 passed by learned LXXVII Additional City Civil and Sessions Judge and the Special Judge, Lokayukta for Trying Offences under the Prevention of Corruption Act, Bengaluru City in Spl.C.C.No.51/2015, wherein, the Special Court allowed the application filed under Sections 227 and 239 of Cr.P.C. filed by accused Nos.1, 3 and 4 and discharged them from the case. Being aggrieved by the impugned order, the State has preferred this revision petition. 3. Learned counsel for respondent No.1 has produced the copy of the order dated 22.03.2025 passed by the Coordinate Bench of this Court in Crl.R.P.No.975/2024 and connected matters, wherein, the operative portion of the order reads as under:-