STATE OF KARNATAKA Vs. YOGA RAMESH
LAWS(KAR)-2022-7-1573
HIGH COURT OF KARNATAKA
Decided on July 15,2022

STATE OF KARNATAKA Appellant
VERSUS
Yoga Ramesh Respondents




JUDGEMENT

- (1.)In this petition the petitioner / State is challenging the impugned order passed by the trial court in Spl.C.C.No.277/2010 dtd. 8/1/2016 discharging the accused for the offence punishable under Sec. 13(1)(e) which is punishable under Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to the 'P.C.Act'). In this petition the State is seeking intervention of the impugned order by considering the grounds as urged and to set-aside the impugned order passed by the trial Court.
(2.)The factual matrix of this petition is as under: In pursuance of securing the reports against the respondent who is arraigned as accused who joined the service as Motor Vehicle Inspector on 9/12/1991 in his capacity as a public servant and in the said capacity he has served in various places at Karnataka. During the check period between 1/1/1995 to 19/12/2007 the known source of the income of the accused was Rs.78,70,114.00. The value of the property of the accused and his family members was found Rs.95,22,289.00. The expenditure of the accused during the said period was found at Rs.53,07,182.00. The total value of the properties and the expenditure was found at Rs.1,48,29,471.00. It is further alleged that the accused acquired properties of the value of Rs.69,59,357.00 which is disproportionate to his known source of income. The said disproportionate income is more than 88.43% of the known source of income. It is the case of the prosecution that the accused has committed the offence as defined under Sec. 13(1)(e) which is punishable under Sec. 13(2) of the P.C.Act.
(3.)Subsequent to initiation of the criminal prosecution against the accused by recording the FIR and also report collected in respect of respondent / accused, the investigating agency / Lokayukta filed the charge sheet against the accused before the Special Court having jurisdiction.


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