Case Note & Summary
These criminal appeals arise from the judgment dated 30.08.2010 in Special CC No.134/1998 by the XXI Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore. The trial court convicted the appellants (accused Nos. 2,4,6,7,8,9,10) for offences under the Indian Penal Code and the Prevention of Corruption Act, 1988. The case was investigated by the CBI based on a complaint registered on 05.02.1996. The prosecution alleged that during October 1995, public servants of the Income Tax Department, including the Tax Recovery Officer (accused No.1, who died during trial), Inspector (accused No.2), and Upper Division Clerks (accused Nos.3 and 4), conspired with private individuals to conduct a fraudulent public auction of 10 acres of land in Survey No.4, Kurubarahalli, Mysore, belonging to Srikanta Datta Narasimharaja Wadiyar, a descendant of the former Maharaja of Mysore. The land was auctioned for recovery of tax arrears of Rs.7,51,05,327/-. The accused allegedly manipulated the auction process by fixing a low reserve price of Rs.2,00,000 per acre, restricting participation, and ensuring that accused No.8 (a private individual) was declared the highest bidder at Rs.2,10,000 per acre, causing wrongful loss to the defaulter and the Income Tax Department. The auction was held at Hotel Krishna Continental, Mysore, on 30.10.1995, without proper notice or publicity. It was alleged that demand drafts were prepared in advance. The trial court convicted the accused under various sections: 120B (criminal conspiracy), 420 (cheating), 468 (forgery), 471 (using forged documents) of IPC, and Sections 7 (public servant taking gratification) and 13(2) r/w 13(1)(d) (criminal misconduct) of the PC Act. Accused Nos.1 and 5 died during trial; accused No.3 died during appeal and his appeal abated. The convicts filed these appeals under Section 374(2) Cr.P.C. praying to set aside their conviction and sentences. The appeals were heard and reserved on 08.08.2018, and the High Court pronounced its judgment on 03.04.2019. The provided text does not contain the court's reasoning or final outcome.
Issue of Consideration
KAHC010623552010_1
