Allowed

Gangappa Gowda v. State of Karnataka

Karnataka HC10 Apr 2024CRL.P/235/2024

Case brief

AI extract

What is this about?

This order quashes criminal proceedings against seven petitioners (employees of Zilla Panchayath) for alleged misappropriation of MGNREGA funds. The High Court held that prosecution without obtaining mandatory sanction under Section 197 Cr.P.C. renders the proceedings legally unsustainable and an abuse of process. The petitions were allowed, though liberty was reserved to the State to procure sanc

What did the court decide?

Criminal petitions allowed; cognizance taken by Magistrate quashed insofar as petitioners concerned; liberty reserved to State to obtain sanction under Section 197 Cr.P.C.

Gangappa Gowda Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC:14735 CRL.P No. 235 of 2024 C/W CRL.P No. 191 of 2024 CRL.P No. 253 of 2024 CRL.P No. 1064 of 2024 CRL.P No. 1079 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF APRIL, 2024 BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 235 OF 2024

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C/W

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CRIMINAL PETITION NO. 191 OF 2024 CRIMINAL PETITION NO. 253 OF 2024 CRIMINAL PETITION NO. 1064 OF 2024 CRIMINAL PETITION NO. 1079 OF 2024

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IN CRL.P.No.235/2024

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BETWEEN:

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GANGAPPA GOWDA,

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S/O LATE C.R. NINGE GOWDA, AGED 62 YEARS,

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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WORKED AS ADMINISTRATIVE OFFICER,

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CDPO OFFICE, ARAKALAGUDU, HASSAN DISTRICT – 573 102.

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NOW R/AT

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BHAGYASHREE NILAYA, BEHIND CABLE TV, B. KATIHALLI COLONY, HASSAN – 573 201.

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B.S.CHANNAMALLIKARJUNA, S/O SIDDAPPA SHETTY, AGED 65 YEARS,

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NC: 2024:KHC:14735 CRL.P No. 235 of 2024 C/W CRL.P No. 191 of 2024 CRL.P No. 253 of 2024 CRL.P No. 1064 of 2024 CRL.P No. 1079 of 2024

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WORKED AS SECRETARY, BANNUR GRAMA PANCHAYATH, ARAKALAGUDU, HASSAN DISTRICT – 573 102.

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NOW R/AT 2^ND CROSS, OPP. TO AMBEDKAR BHAVAN, HARSHA MAHAL ROAD, HASSAN – 573 201.

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…PETITIONERS

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(BY SRI. MANJUNATH B R., ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY KONANUR POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.

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LAKSHMI NARASAIAH, AGED 59 YEARS, DEPUTY SECRETARY (DEVELOPMENT), ZILLA PANCHAYATH, HASSAN – 573 201.

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…RESPONDENTS

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(BY SRI. THEJESH P., HCGP FOR STATE)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.1370/2017 OF KONANUR P.S. WHICH HAS BEEN REGISTERED FOR THE OFFENCE P/U/S 408, 409

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3 - NC: 2024:KHC:14735 CRL.P No. 235 of 2024 C/W CRL.P No. 191 of 2024 CRL.P No. 253 of 2024 CRL.P No. 1064 of 2024 CRL.P No. 1079 of 2024

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R/W 34 OF IPC PENDING ON THE FILE OF THE HONBLE ADDL. CIVIL JUDGE AND J.M.F.C AT ARAKALAGUDU.

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IN CRL.P.No.191/2024

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BETWEEN:

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G.K. GOVINDAPPA, S/O KOMARE GOWDA, AGED 64 YEARS, WORKED AS AGRICULTURE OFFICER, ARAKALAGUDU, HASSAN DISTRICT – 573 102.

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NOW R/AT 4^TH CROSS, SALAGAME ROAD, SARASWATHIPURAM, HASSAN – 573 201.

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M.S.BORE GOWDA, S/O SUBBE GOWDA, AGED 66 YEARS, WORKED AS ASST. AGRICULTURE OFFICER, IRRIGATION DEPARTMENT, ARAKALAGUDU, HASSAN DISTRICT – 573 102.

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NOW R/AT JAYANAGARA 1^ST BLOCK, NEAR RING ROAD, HASSAN – 573 201.

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…PETITIONERS

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(BY SRI. MANJUNATH B R., ADVOCATE)

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NC: 2024:KHC:14735 CRL.P No. 235 of 2024 C/W CRL.P No. 191 of 2024 CRL.P No. 253 of 2024 CRL.P No. 1064 of 2024 CRL.P No. 1079 of 2024

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AND:

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STATE OF KARNATAKA, BY KONANUR POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.

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LAKSHMI NARASAIAH, AGED 55 YEARS, DEPUTY SECRETARY (DEVELOPMENT), ZILLA PANCHAYATH, HASSAN – 573 201.

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…RESPONDENTS

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(BY SRI. THEJESH P., HCGP FOR STATE)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.1366/2017 OF KONANUR P.S. WHICH HAS BEEN REGISTERED FOR THE OFFENCE P/U/S 408, 409 R/W 34 OF IPC PENDING ON THE FILE OF THE HONBLE ADDL. CIVIL JUDGE AND J.M.F.C AT ARAKALAGUDU.

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IN CRL.P.No.253/2024

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BETWEEN:

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GANGAPPA GOWDA, S/O LATE C.R. NINGE GOWDA, AGED 62 YEARS, WORKED AS ADMINISTRATIVE OFFICER, CDPO OFFICE, ARAKALAGUDU, HASSAN DISTRICT – 573 102.

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5 - NC: 2024:KHC:14735 CRL.P No. 235 of 2024 C/W CRL.P No. 191 of 2024 CRL.P No. 253 of 2024 CRL.P No. 1064 of 2024 CRL.P No. 1079 of 2024

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NOW R/AT

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BHAGYASHREE NILAYA, BEHIND CABLE TV, B. KATIHALLI COLONY, HASSAN – 573 201.

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…PETITIONER

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(BY SRI. MANJUNATH B R., ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY KONANUR POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.

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LAKSHMI NARASAIAH, AGED 55 YEARS, DEPUTY SECRETARY (DEVELOPMENT), ZILLA PANCHAYATH, HASSAN – 573 201.

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…RESPONDENTS

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(BY SRI. THEJESH P., HCGP FOR STATE)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.1368/2017 OF KONANUR P.S. WHICH HAS BEEN REGISTERED FOR THE OFFENCE P/U/S 408 AND 409 R/W 34 OF IPC PENDING THE FILE OF THE HONBLE ADDL. CIVIL JUDGE AND J.M.F.C AT ARAKALAGUDU AND PASS SUCH ANY OTHER RELIEF/S AS DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.

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NC: 2024:KHC:14735 CRL.P No. 235 of 2024 C/W CRL.P No. 191 of 2024 CRL.P No. 253 of 2024 CRL.P No. 1064 of 2024 CRL.P No. 1079 of 2024

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IN CRL.P.No.1064/2024

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BETWEEN:

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VIJAY KUMAR, S/O ERAPPA, AGED 40 YEARS, KALENAHALLI GRAMA PANCHAYATH, ARAKALAGUDU, HASSAN DISTRICT – 573 113.

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…PETITIONER

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(BY SRI. MANJUNATH B R., ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY KONANUR POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.

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LAKSHMI NARASAIAH, AGED 61 YEARS, DEPUTY SECRETARY (DEVELOPMENT), ZILLA PANCHAYATH, HASSAN – 573 201.

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…RESPONDENTS

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(BY SRI. THEJESH P., HCGP FOR STATE)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.1362/2017 OF KONANUR P.S. WHICH HAS BEEN REGISTERED FOR THE OFFENCE P/U/S 408 AND 409

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NC: 2024:KHC:14735 CRL.P No. 235 of 2024 C/W CRL.P No. 191 of 2024 CRL.P No. 253 of 2024 CRL.P No. 1064 of 2024 CRL.P No. 1079 of 2024

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R/W 34 OF IPC PENDING THE FILE OF THE HONBLE ADDL. CIVIL JUDGE AND J.M.F.C AT ARAKALAGUDU.

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IN CRL.P.No.1079/2024

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BETWEEN:

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NATARAJU, S/O MANJE GOWDA, AGED 42 YEARS, PANCHAYATH DEVELOPMENT OFFICER, SALAGAME GRAMA PANCHAYATH, HASSAN DISTRICT – 573 102.

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…PETITIONER

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(BY SRI. MANJUNATH B R., ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY KONANUR POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.

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LAKSHMI NARASAIAH, AGED 61 YEARS, DEPUTY SECRETARY (DEVELOPMENT), ZILLA PANCHAYATH, HASSAN – 573 201.

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…RESPONDENTS

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(BY SRI. THEJESH P., HCGP FOR STATE)

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8 - NC: 2024:KHC:14735 CRL.P No. 235 of 2024 C/W CRL.P No. 191 of 2024 CRL.P No. 253 of 2024 CRL.P No. 1064 of 2024 CRL.P No. 1079 of 2024

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.1376/2017 OF KONANUR P.S. WHICH HAS BEEN REGISTERED FOR THE OFFENCE P/U/S 408, 409, 34 OF IPC PENDING THE FILE OF THE HONBLE ADDL. CIVIL JUDGE AND J.M.F.C AT ARAKALAGUDU.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are sought to be prosecuted for the offence punishable under Sections 408 and 409 read with Section 34 of IPC.

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The case of the prosecution is that, the petitioners when working as Assistant Executive Engineer, Assistant Engineer, Junior Engineer and Accounts Assistant in the office of the Zilla Panchayath, Hassan, misappropriated the funds granted towards execution of MGNAREGA Scheme.

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The learned Magistrate after accepting the charge sheet took cognizance of the aforesaid offences and issued summons.

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Heard the learned counsel for the petitioners and learned HCGP for the respondent-State.

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9 - NC: 2024:KHC:14735 CRL.P No. 235 of 2024 C/W CRL.P No. 191 of 2024 CRL.P No. 253 of 2024 CRL.P No. 1064 of 2024 CRL.P No. 1079 of 2024

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Accused No.7 had challenged the very impugned proceedings before this Court in Crl.P.No.5594/2019 and this Court by order dated 04.07.2022 quashed the impugned proceedings insofar as accused No./7 by making the following observations:

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"7. The Hon'ble Apex Court in the case of D. Devaraja vs Owais Sabeer Hussain stated supra at paragraph-71 has held that, if the act alleged in a complaint purported to be filed against the policeman is reasonably connected to discharge of some official duty, cognizance thereof cannot be taken unless requisite sanction of the appropriate order is obtained under Section 197 of the Code of Criminal Procedure. At paragraph-72 it is held that the Trial Court has to examine whether sanction has been obtained and if not whether the criminal proceedings should be nipped in the bud. At Paragraph-74 it is held that it is well settled that an application under Section 482 of the Criminal Procedure Code is maintainable to quash proceedings which are ex-facie bad for want of sanction, frivolous or in abuse of process of court. "

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Admittedly, the requisite sanction as specified

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under Section 197 of Cr.P.C is not obtained for prosecuting the petitioners herein. Hence, the cognizance taken by the learned Magistrate in the absence of an order of granting sanction to

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10 - NC: 2024:KHC:14735 CRL.P No. 235 of 2024 C/W CRL.P No. 191 of 2024 CRL.P No. 253 of 2024 CRL.P No. 1064 of 2024 CRL.P No. 1079 of 2024

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prosecute the petitioners as specified under Section 197 of Cr.P.C is ex-facie bad. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following:

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ORDER

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i. Criminal Petitions are allowed.

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ii. The order of the learned Magistrate taking cognizance and registering criminal cases in all the C.Cs' impugned in all these petitions stands quashed, in-so-far-as petitioners/accused herein.

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iii. Liberty is reserved with the respondent-State to obtain sanction to prosecute the petitioners as specified under Section 197 of Cr.P.C in accordance with law.

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Sd/JUDGE

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BVK List No.: 1 Sl No.: 12

Gangappa Gowda v. State of Karnataka

Case brief

What is this about?

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Gangappa Gowda v. State of Karnataka

Case brief

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