Karnataka High Court
Dr G N Javaregowda vs Central Bureau Of Investigation on 5 September, 2024
-1-
NC: 2024:KHC:36523
WP No. 16904 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 16904 OF 2021 (GM-RES)
BETWEEN:
1. DR. G. N. JAVAREGOWDA,
S/O LATE NINGEGOWDA,
AGED 69 YEARS,
No.1701, 'SHAKTI', 23RD CROSS,
V. V. NAGAR,
MANDYA - 571 401.
...PETITIONER
(BY SRI X. M. JOSEPH, ADVOCATE (ABSENT))
AND:
1. CENTRAL BUREAU OF INVESTIGATION
ANTICORRUPTION BRANCH,
No.35, BELLARY ROAD,
Digitally signed GANGANAGAR,
by VALLI
MARIMUTHU BANGALORE - 560 032,
Location: High
REPRESENTED BY ITS
Court of INSPECTOR OF POLICE.
Karnataka
2. SHRI K. ANAND @ KABBALLI ANAND,
S/O LATE K. B. KEMPEGOWDA,
MAJOR, AGED NOT KNOWN,
HOUSE No.740, 8TH CROSS,
CHAMUDESHWARI NAGAR,
MANDYA - 571 401.
3. SMT. G. K. RANI,
W/O SHRI K. ANAND,
MAJOR, AGED NOT KNOWN,
HOUSE No. 740, 8TH CROSS,
-2-
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WP No. 16904 of 2021
CHAMUDESHWARI NAGAR,
MANDYA - 571 401.
4. SHRI G. K. ROOPESH KUMAR,
S/O SRI G. N. KRISHNE GOWDA,
MAJOR,...AGE NOT KNOWN,
GUNNANAYAKANAHALLI,
DUDDA HOBLI,
MANDYA TALUK - 571403.
...RESPONDENTS
(BY MS. ANITHA KRISHNAMURTHY, ADVOCATE FOR
SRI P. PRASANNA KUMAR, ADVOCATE FOR R1;
SRI LAKSHMIKANTH K., ADVOCATE FOR R2 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE AS ARBITRARY AND ILLEGAL, THE IMPUGNED ORDER
OF ATTACHMENT VIDE ANNEXURE-H DATED 16.01.2020 IN
CRL.MISC.No.377/2019 PASSED BY THE LEARNED XLVI
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL
JUDGE FOR CBI CASES, BENGALURU, SAME EXECUTED ON
22.06.2021 BY ATTACHING THE RESIDENTIAL PROPERTY OF
THE PETITIONER, WHO IS NOT AN ACCUSED IN SPECIAL
CRIMINAL CASE No.340/2015 ANNEXURE-K.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
CORAM: HON'BLE MR JUSTICE K V ARAVIND
ORAL ORDER
The present petition challenging the order in Crl.Misc.
No.377/2019 dated 16.01.2020 passed by the XLVI
Additional City Civil and Sessions Judge and Special Judge
for CBI cases, Bengaluru. Respondent No.1-CBI filed the
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petition under Section 3 of the Criminal Law(Amendment)
Ordinance, 1944 and under Section 5(6) of Prevention of
Corruption Act, 1988 seeking order of attachment in
respect of the properties referred to as Schedule I, II and
III in the order.
2. The Special Judge by order dated 16.01.2020
allowed the petition and ordered attachment of Schedule I
to III properties till disposal of Special C.C. No.340/2015.
3. Miss. Anitha Krishnamurthy, learned counsel for
Sri. Sri. P. Prasanna Kumar, learned counsel for
respondent No.1 submits that Special C.C. No.340/2015 is
finally disposed of under judgment dated 08.09.2022. It is
submitted that as Criminal Misc. No.377/2019 is allowed
and immovable properties of Schedule I to III are
confiscated, the order impugned do not survive for
independent consideration.
4. Learned counsel would submit that in view of
the judgment in Special C.C. No.340/2015, the present
prayer does not survive for consideration.
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5. Considered the submissions of the learned
counsel for respondent No.1 and perused the order in
Special C.C. No.340/2015 dated 08.09.2022. The relevant
paragraph reads as under,
" ORDER
Acting U/s. 235(2) of Cr.P.C., the Accused
No.1 K. Ananda @ Kebballi Ananda, Accused No.2
H.S. Nagalingaswamy, Accused No.3
Chandrashekar, Accused No.4 H.K. Nagaraja and
Accused No.5 K.B. Harshan are hereby convicted
for the offences punishable under Sec 120-b, 420,
409, 467, 468, 471 of Indian Penal Code, 1860 and
Sec.13(2) r/w 13(1)(c) and (d) of the Prevention of
Corruption Act, 1988.
Consequently the Crl.Mis.No.377/19 is hereby
allowed and the immovable properties mentioned in
Schedule I to Schedule III of the Petition stands
confiscated to the State.
Bail bonds and surety bonds stand cancelled."
6. In view of the order of the Special Judge dated
08.09.2022, the prayers in the writ petition do not survive
for consideration. Writ petition is accordingly dismissed as
infructuous.
Sd/-
(K. V. ARAVIND)
JUDGE
