ARVIND vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:10235
CRL.P No. 200747 of 2026
CNR: KAHC030059832026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 25 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO.200747 OF 2026
(482(Cr.PC)/528(BNSS))
BETWEEN:
ARVIND S/O AMBADAS PAWAR,
AGE: 39 YEARS, OCC: CLERK (S.D.C),
D.C. OFFICE, VIJAYAPURA,
DIST. VIJAYAPURA-586 101.
…PETITIONER
(BY SRI. SANJAY A. PATIL, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA THROUGH
LOKAYUKTA POLICE STATION, VIJAYAPURA,
DISTRICT. VIJAYAPURA-586 101,
REPRESENTED BY SPECIAL PUBLIC
PROSECUTOR, HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 107.
2. SUSHILKUMAR VAGGENAVAR S/O LOKAPPA
VAGGENAVAR, AGE: 36 YEARS, OCC: NIL,
R/O J.M. ROAD, DIVATAGERI GALLI,
VIJAYAPURA, DIST. VIJAYAPURA-586 101.
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
…RESPONDENTS
(BY SRI. GOURISH S. KHASHAMPUR, SPL. PP FOR R1;
R2 SERVED)
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HC-KAR
NC: 2026:KHC-K:10235
CRL.P No. 200747 of 2026
CNR: KAHC030059832026
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528
OF BNSS, 2023, PRAYING TO, A) QUASH THE REGISTRATION
OF FIR AGAINST THE PETITIONER/ACCUSED NO.2
REGISTERED IN CRIME NO.3/2026 BY THE IST RESPONDENT
POLICE/LOKAYUKTA POLICE, VIJAYAPURA, FOR THE
OFFENCE PUNISHABLE U/SEC.7(A) OF PREVENTION OF
CORRUPTION ACT, 1988 (AMENDED 2018) AS PER FIR,
(PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS
COURT AND SPECIAL COURT VIJAYAPURA, DISTRICT
VIJAYAPURA) AND ETC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard learned counsel for the petitioner and also
learned Special Public Prosecutor (for short ‘Spl.PP’) for
the respondent No.1 on the petition. Perused the
relevant materials on record.
2. This petition is filed by the petitioner/
accused No.2 under Section 528 of Bharatiya Nagarik
Suraksha Sanhita, 2023 praying to quash the FIR in
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HC-KAR
NC: 2026:KHC-K:10235
CRL.P No. 200747 of 2026
CNR: KAHC030059832026
Crime No.3/2026 of the Respondent No.1 Lokayukta for
the offence punishable under Section 7(a) of Prevention
of Corruption Act (for short ‘PC Act’) pending before the
Principal District & Sessions Court and Special Court,
Vijayapur.
3. In spite of service of notice, respondent No.2
has not chosen to appear and contest the petition.
4. The learned Spl. PP for the respondent No.1
has orally objected to the petition submitting that the
investigation is at the initial stage and it is yet to be
completed. The grounds urged by the petitioner/
accused No.2 in the petition are the matters requiring
investigation. Therefore, at this stage, any of the
grounds urged by the petitioner cannot be reason for
quashing the proceedings. Therefore, the learned Spl. PP
has sought for dismissal of the petition.
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HC-KAR
NC: 2026:KHC-K:10235
CRL.P No. 200747 of 2026
CNR: KAHC030059832026
5. As per the materials on record, it would be
clear that the prosecution was set into motion against
the petitioner and accused No.1 for the offence
punishable under Section 7(a) of PC Act on the
complaint of respondent No.2. As submitted by the
learned counsel for the petitioner and also as
forthcoming from the prosecution papers on record, the
trap was done in respect of accused No.1. The only
allegation against the petitioner herein is that the
accused No.1 told the complainant that the amount of
Rs.10,000/- had to be paid to the petitioner/accused
No.2.
6. The learned counsel for the petitioner has
drawn the attention of this Court to the memorandum
issued by the Deputy Commissioner, Vijayapur dated
11.09.2023, wherein it is clear that one Smt. Narasavva
W/o Peerappa Mashyal is the person, who sought for
conversion of land for the purpose of establishment of
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HC-KAR
NC: 2026:KHC-K:10235
CRL.P No. 200747 of 2026
CNR: KAHC030059832026
Petrol Bunk and hence, the respondent No.2 herein is
no way concerned with the work of establishing the
Petrol Pump in the concerned property.
Per Cont
7. ra, as submitted by the learned
Spl. PP, in the complaint it is mentioned that the
complainant took concerned land on lease for the
purpose of establishing Petrol Pump. Moreover, the
learned counsel for the petitioner has drawn the
attention of this Court to the document dated
12.03.2026 regarding handing over charge of the
concerned work by the earlier employee to the petitioner
and on the basis of the said document, the submission
of learned counsel for the petitioner is that any work
alleged in the case is not at all entrusted to the
petitioner and hence, he is no way concerned with the
work alleged in the complaint.
8. However, as submitted by the learned Spl. PP,
any such contentions are the matters to be investigated
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NC: 2026:KHC-K:10235
CRL.P No. 200747 of 2026
CNR: KAHC030059832026
by the respondent No.1 Police during investigation. The
investigation is under process and it is yet to be
completed. Therefore, at this stage, quashing of FIR as
sought for by the petitioner does not arise.
9. Regarding the fact that the complainant took
the property on lease for establishment of Petrol Pump,
the contention of the petitioner is that no any lease
agreement is produced by the respondent No.2. But
this is also the matter to be considered by the
Investigating Officer during the investigation. Hence, as
submitted by the learned Spl.PP, any of the grounds
urged by the petitioner cannot be a reason for quashing
FIR as sought for in the petition. Consequently, this
petition does not merit consideration and hence, the
same is liable to be dismissed.
10. In the result, I proceed to pass the following:
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HC-KAR
NC: 2026:KHC-K:10235
CRL.P No. 200747 of 2026
CNR: KAHC030059832026
ORDER
(a) This Criminal Petition is hereby
dismissed.
(b) However, the petitioner is at liberty to
challenge the final report, if aggrieved.
In view of disposal of the main petition, interim
application, if any, does not survive for consideration
and accordingly, stands disposed of.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
RSP
List No.: 1 Sl No.: 31
CT: SB