Bela M. Trivedi JUDGMENT
Bela M. Trivedi, J.
1. The Appellant - State of Karnataka Lokayukta Police by way of instant appeal has assailed the judgment and order dated 16.08.2018 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No. 4463 of 2018 whereby the High Court has allowed the said petition by discharging the Respondent (original Petitioner-Accused) from the offences charged Under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the said Act), on the ground that the sanction accorded to prosecute the Respondent-Accused by the Government was illegal and without jurisdiction.
2. The Respondent was working as an Executive Engineer in the Karnataka Urban Water Supply and Drainage Board, Mandya Division, Mandya during the period 1983 to 2007. On the basis of the Source Report dated 17.12.2007 submitted by the then Deputy Superintendent of Police, Bengaluru Rural Division, Karnataka Lokayukta, Bengaluru, a case being Crime No. 22 of 2007 (later numbered as Crime No. 62 of 2008) came to be registered against the Respondent for the offence Under Section 13(1)(e) read with Section 13(2) of the said Act. It was alleged, inter alia, that the Respondent-Accused during his tenure in the office as an Executive Engineer had amassed the wealth disproportionate to his known sources of income. On the completion of the investigation, the Investigating Officer had sent the papers to the State Government seeking sanction to prosecute the Respondent as required in Section 19(1) of the said Act. The Government of Karnataka on the basis of the material placed before it, had accorded the requisite sanction by issuing the Government order dated 13.09.2010. Thereafter the chargesheet came to be filed in the Court of Principal District and Sessions Judge, Bengaluru Rural District at Bengaluru wherein it was alleged that Respondent had abused his position as a public servant, had indulged into corrupt practices and had amassed wealth disproportionate to his known sources of income. The said case was registered as Special Case No. 488 of 2011 before the said Court.
3. The Respondent-Accused filed an application Under Section 227 read with 239 of Code of Criminal Procedure on 12.10.2011, seeking his discharge from the case contending, inter alia, that neither the contents of the Source Report nor the other documents constituted any offence as alleged, and that the sanction Under Section 19(1) of the said Act was issued by the Government without any application of mind. The said application........