- (1.) Before adverting to the question of law that has been raised in these appeals (which is common to both the cases), we would like to traverse through the facts and the background which has led to the filing of the present appeals.
(2.) Respondent No.2 (hereinafter referred to as the 'complainant') filed a complaint on the basis of which a case has been registered against the appellants, who are accused Nos. 3 and 5, for the offences punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1947 (for short, 'P.C. Act') and Sections 120(b), 427, 447 and 506 read with Section 34 of the Indian Penal Code, 1860. The complaint of the complainant contained the following allegations:
(3.) One Smt. Amararnmal was the original owner of immovable property measuring 259.95 acres in Survey No. 597-B and an area measuring 57.30 acres in Survey No. 601-A of Bellari, having purchased the same from the Government of India under a registered sale deed dated January 19, 1940, registered in the office of the Sub-Registrar, Bellari. The complaint further states that one Smt. Akula Lakshmamma and her children had obtained money decree against one Pitarnbara Modaliyar and in the execution of the said decree the decree holder purchased the land measuring 27.25 acres through court and, thus, became owner of the said property which is situated at Survey No. 597-B. Out of this 27.25 acres of land, an area measuring 10 acres of land was later acquired by the Government for forming high level canal by Thungabhadra Project. However, the revenue authorities failed to demarcate the remaining extent of land measuring 17.25 acres which forced Smt. Akula Lakshmamma and her children to file a suit seeking mandatory injunction. In the meantime, they sold the said 17.25 acres of land to one Mr. Parameshwara Reddy, father-in-law of Mr. Gali Janardhana Reddy. On the same day, i.e. on October 24, 2002, Smt. Akula Lakshmamma and her family members also entered into an agreement for sale with accused No.6 (Mr. B. Sriramulu) for an area measuring 27.25 acres, which included 10 acres of land that had already been acquired by the Government. Thus, accused No.6 entered into agreement for sale even in respect of the acquired land. More over, accused No.6 and Mr. Gali Janardhana Reddy are close friends and, therefore, there was no reason to hold that accused No.6 was not aware of the transaction between Smt. Akula Lakshmamma and Mr. Parameshwara Reddy. Accused No.6 filed a suit for specific performance based on the said agreement to sell in which ex-parte decree dated April 08, 2003 came to be passed. On April 21, 2003, Mr. Parameshwara Reddy (with whom the first agreement to sell was entered into) sought for change of land use (though in respect of this very land accused No.6 had filed a suit for specific performance). The then Deputy Commissioner accorded his permission for change of land use vide order dated June 17, 2003. After this conversion order, Mr. Parameshwara Reddy gifted the entire land measuring 17.25 acres in faour of his daughter, Smt. Gali Laxmi Aruna, w/o. Mr. Gali Janardhana Reddy vide gift deed dated March 21, 2006. It is alleged that accused No.6 was fully aware of these facts. Notwithstanding the same, on the basis of the ex-parte decree of specific performance obtained by him, he filed execution petition and obtained the sale deed from the court in respect of the entire 27.25 acres of land. It was notwithstanding the fact that out of this 27.25 acres of land, in respect of which accused No. 6 obtained the sale deed, 17.25 acres was claimed by Mr. Parameshwara Reddy as well and has been gifted to his daughter and the remaining 10 acres of land had been acquired by the Government. Not only this, accused No.6 also applied for conversion of use of this very land and the authorities passed the order of conversion in his favour as well. As on the date of the order of conversion, accused No.6 was holding the post of Cabinet Minister. It is alleged that because of this reason he could obtain the order of conversion by exerting influence on the revenue authorities. Accused Nos. 3 and 5 (appellants herein) are the Government officials working as Assistant Commissioner and Deputy Director of Land Records respectively. In respect of the Government officials, it is alleged that accused No.1, Revenue Inspector, had conducted spot inspection on January 17, 2011; accused No.3, who is the Tehsildar, had recommended case for conversion on the same day and accused No.5, who is the Assistant Commissioner, had given an endorsement to accused No.6 on the very next day to the effect that property in question is not the subject matter of acquisition. On this basis, it is alleged that all the officials aided accused No.6 by abusing their official position. We may state at this stage itself that the appellants cannot argue that there are no allegations against them in the complaint warranting taking cognizance qua them. On the basis of the aforesaid allegations, prayer was made in the complaint to secure the presence of accused persons and the complaint be referred to the Karnataka Lokayukta Police for investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') since the case required investigatory powers to unearth several other documents relating to the case.;