Sri Kiran Mohan Jiragyala Vs the State by Lokayukta Police — Corruption | Karnataka HC (2025)

Sri Kiran Mohan Jiragyala Vs the State by Lokayukta Police — Corruption | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition dismissed without quashing; respondent No.1 directed to complete the investigation in Crime No.4/2021 and pass appropriate orders in accordance with law within three months from receipt of a certified copy of the order; pending interlocutory applications disposed of in terms of the order.

Issue for consideration

Whether the criminal proceedings in Crime No.4/2021 registered by the Lokayukta Police, Hassan for the offence under Section 7(a) of the Prevention of Corruption Act, 1988 ought to be quashed under Section 482 CrPC on the ground that the complaint does not disclose the commission of any offence. +1 more

Court's answer

The matter does not warrant exercise of the Court's inherent jurisdiction for quashing the proceedings at this stage.

Ratio / Principle

The circumstance that the complaint was lodged in 2021 and the investigation has remained incomplete for nearly three years, causing prejudice to the petitioner, cannot by itself be a ground to scuttle the proceedings altogether.

Key takeaways

The prolonged pendency of the investigation cannot be countenanced indefinitely.ratio¶38
Respondent No.1 (Lokayukta Police) is directed to complete the investigation in Crime No.4/2021 and pass appropriate orders in accordance with law within three months from the date of receipt of a certified copy of the order.ratio¶39

Detailed headnote1 paragraphs

Criminal petition under S.482 CrPC (filed as S.528 BNSS) by the accused, a Bill Collector with the City Municipality, Hassan, seeking quashing of proceedings in Crime No.4/2021 (Court Crime No.124/2021) registered by the Lokayukta Police, Hassan for the offence under S.7(a) of the Prevention of Corruption Act, 1988 (Amended 2018), pending before the Principal District and Sessions Judge, Hassan. Prosecution case: the informant (respondent No.2) applied for relocation of a water connection; the petitioner, then a public servant, allegedly demanded illegal gratification; a trap was laid with a contemporaneous mahazar; the petitioner was arrested, remanded and later enlarged on bail. The petitioner contended the complaint disclosed no offence and that the demand pertained only to legitimate water-connection arrears of `16,080/- (Annexure-G bill raised after the incident). The Court found some merit in the grievance that the investigation had remained incomplete for nearly three years since the 2021 complaint, causing prejudice, but held that such circumstance by itself cannot be a ground to scuttle the proceedings, while observing that prolonged pendency cannot be countenanced indefinitely. Declining to exercise inherent jurisdiction at that stage, the Court directed respondent No.1 to complete the investigation in Crime No.4/2021 and pass appropriate orders in accordance with law within three months from receipt of a certified copy of the order. Petition dismissed; pending interlocutory applications disposed of in terms of the order. (Single Judge: Sachin Shankar Magadum; order dated 17-09-2025.)

NC: 2025:KHC:37583 CRL.P No. 12574 of 2024

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12574 OF 2024

BETWEEN:

SRI KIRAN MOHAN JIRAGYALA S/O. LATE MOHANA DEVENDRA JIRAGYALA, AGED ABOUT 35 YEARS, BILL COLLECTOR, CITY MUNICIPALITY (WORKING PLACE) HASSAN - 573 201 PERMANENT RESIDENT OF AHTANI NAGARA, NEAR BUS STAND, SIDARTH NAGARA, BELGAUM DISTRICT.

…PETITIONER

(BY SRI. MOHAN M. BHAT, ADVOCATE)

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

AND:

THE STATE BY LOKAYUKTA POLICE HASSAN BY THE SPECIAL PUBLIC PROSECUTOR, ATTACHED TO THE HONBLE HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

SRI. C. B. RAMESH S/O. SRI. BASAVARAJU, AGED ABOUT 55 YEARS, AGRICULTURIST,

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RESIDING AT FOREST QUARTERS, HASSAN, PERMANENT RESIDENT OF CHIGALLI VILLAGE, SHANTHIGRAMA HOBLI, HASSAN DISTRICT.

…RESPONDENTS

(BY SRI. B.S. PRASAD, ADVOCATE FOR R1)

THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN CRIME NO.4/2021 (COURT CR.NO.124/2021) REGISTERED BY THE LOKAYUKTA POLICE, HASSAN FOR THE OFFENCE P/US/ 7(a) OF PREVENTION OF CORRUPTION ACT, 1988 (AMENDED 2018) PENDING BEFORE THE HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT HASSAN.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

This petition is filed by the accused seeking quashing of the proceedings in Crime No.4/2021 registered by the Lokayukta Police for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 (hereinafter referred to as “the Act” ).

The case of the prosecution, as could be gathered from the complaint lodged by respondent No.2, is that the informant had submitted an application before the City Municipality

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seeking relocation of a water connection to his residential property. It is alleged that the petitioner, who was then functioning as a public servant, demanded illegal gratification from the informant for processing the said request. Acting on the complaint, respondent No.1 is stated to have laid a trap and prepared a contemporaneous mahazar. The petitioner was apprehended during the said trap, arrested, produced before the jurisdictional court, and remanded to judicial custody. He was subsequently enlarged on bail. Meanwhile, the City Municipality issued a demand letter calling upon the informant to clear arrears in respect of the water connection to the subject property.

The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure seeking quashing of the criminal proceedings, primarily on the ground that the complaint does not disclose the commission of any offence, much less an offence under Section 7(a) of the Act. It is contended that the alleged “trap” does not satisfy the statutory ingredients of Section 7(a), as the demand said to have been made by the petitioner pertained only to arrears legitimately

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due towards the water connection. To substantiate this contention, reliance is placed upon Annexure–G, which evidences that, subsequent to the alleged incident, the Municipality raised a bill demanding payment of arrears amounting to `16,080/-.

Per contra, learned counsel appearing for respondent No.1 submits that the investigation has already progressed substantially and is in its final stages. It is submitted that, within a period of three months, the investigating agency will complete the process and take appropriate action. On this premise, he urges that no indulgence be shown to the petitioner at this juncture, as any interference may impede the completion of the investigation.

Having heard the learned counsel for the parties and upon perusal of the material available on record, this Court is of the opinion that the matter does not warrant exercise of inherent jurisdiction for quashing the proceedings at this stage. While this Court does find some merit in the submission of the petitioner’s counsel that the complaint was lodged as far back as in 2021 and that the investigation has remained incomplete

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for nearly three years, thereby causing prejudice to the petitioner, such circumstance, by itself, cannot be a ground to scuttle the proceedings altogether. However, the prolonged pendency of investigation cannot be countenanced indefinitely.

In the considered view of this Court, the ends of justice would be met if the investigating agency is directed to expedite and conclude the investigation within a fixed time frame. Accordingly, while declining to interfere with the prosecution, respondent No.1 is directed to complete the investigation in Crime No.4/2021 and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a certified copy of this order.

With the above observations and directions, the petition stands dismissed.

All pending interlocutory applications, if any, stand disposed of in terms of this order.

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

HDK/CT: BHK