Swachh Bharat Mission: Karnataka High Court Refuses To Quash Case For Alleged Misappropriation Of About 70L Sanctioned For Public Toilets

The Karnataka High Court has dismissed a petition filed by seven persons accused of misappropriating funds sanctioned in respect of 'Swachh Bharat Mission Project' for construction of toilets within the limits of Honnalli, Gudadanal and Yaradona Villages between July 2016 and May 2017.

A single bench of Justice Venkatesh Naik T, sitting at Kalaburagi dismissed the petition filed by Hampamma and others who are charged for offences punishable under sections 420, 409, 201, of the Indian Penal Code. It said,

“On perusal of the material available on record, it appears that the petitioners without constructing toilets misappropriated the funds to the tune of Rs.68.19 lakhs sanctioned by the Government under 'Swachh Bharat Mission'. Admittedly, disputed question of fact cannot be adjudicated upon by this Court under Section 482 of Cr.P.C., at this stage, only prima facie case is to be seen.”

Babu Rathod, Executive Officer, Taluk Panchayat had lodged a complaint alleging that the accused persons have misappropriated funds sanctioned in respect of 'Swachh Bharat Mission Project'. It was alleged that the Government had sanctioned 779 toilets, but the accused persons without constructing 531 toilets misappropriated the sum of Rs.68.19 lakhs and caused loss to the Government.

The petitioners argued that the police, without conducting appropriate enquiry of Panchayat Development Officer and other members of the Gram Panchayat and without conducting proper investigation, has filed a false charge-sheet against them. They claimed to have no knowledge with regard to deposit of amount into their accounts which was reserved for construction of toilets.

The prosecution opposed the plea saying there is prima facie material against the petitioners having been involved in a heinous offence and they have caused loss to the tune of Rs.68.19 lakhs to the State-Exchequer.

The bench was of the view that the Investigating Officer would have to probe whether there was any dishonest intention, criminal breach of contract or cheating etc. on part of the petitioners. However, it said, “If the complaint prima facie discloses the cognizable offence and once cognizable offence is found in the allegation made in the complaint, the Investigating Officer has to probe the matter and establish the same under law and if the Investigating Officer files charge-sheet before the jurisdictional Court, matter requires full-fledged trial.”

It held thatif at all the petitioners are not involved in an offence as alleged by the prosecution, at the most, the petitioners are at liberty to approach the trial Court and seek discharge under Code of Criminal Procedure in accordance with law. "Hence, at this juncture the petitioners are not entitled for any relief as sought for. Hence, the petition is dismissed.”

Case Title: Hampamma & Others And State Through Lingasugur P.S

Case No: CRIMINAL PETITION NO.200652/2022

Citation: 2023 LiveLaw (Kar) 331

Date of Order: 16-08-2023

Appearance: Advocate B K Hiremath for Petitioners

HCGP Anita M Reddy for R1.

Advocate Venkatesh C Mallabadi for R2.

Click Here To Read/Download Order