The High Court of Karnataka has declined to quash the criminal case against Somashekar Nyamagouda, who was the then private secretary to former Minister Vinay Kulkarni, in the Yogish Goudar murder case of 2016 in which Mr. Kulkarni himself is an accused.
There was no need for prior sanction for prosecution of Nyamagouda, who is working as Secretary, APMC, Tiptur, as the acts of criminal conspiracy for murdering, creating fake tour programme of the then Minister alleged against him are prima facie not part of the discharge of official duties, the High Court said.
Justice M. Nagaprasanna passed order while dismissing the petition filed Nyamagouda. He had questioned the order passed in November, 2022, by the special court to deal with criminal cases against MPs and MLAs in rejecting his application for discharging him from the criminal case and taking cognisance of offence against him.
Fake tour programmes
The Central Bureau of Investigation had arraigned the petitioner as accused number-21 in the supplementary charge sheet and Mr. Kulkarni as accused number-15. It was alleged that the petitioner had created a fake tour programme to New Delhi and atravel itinerary of then Minister Kulkarni during June, 2016, to show that the Mminister was not in Karnataka during particular period even though Mr. Kulkarni did not travel to New Delhi.
“...acts committed by the petitioner are not using the position of him being a public servant, but misusing the position of him being a public servant..,” the High Court said.
Clarifying that its observations were limited for deciding this petition, the High Court said that it is open to the petitioner to establish during the trial that alleged acts were part of his official duty and seek necessary directions from the special court.
