STATE OF KARNATAKA Vs. M GOPALAKRISHNAIAH

JUDGEMENT

(1.) Subash B. Adi, J: This appeal is by the State by Lokayuktha Police against the acquittal judgment in Special C.C. No. 84/1997 dated 26th September, 2001.

(2.) Lokayuktha Police charge sheeted the accused Nos. 1 to 3 for an offence punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short referred to as 'the Act').

(3.) Case of the prosecution is that, complainant- PW-3 is an Advocate, CW-4 one Rukminiyamma was his client. He knew the accused. CW-4 had applied for change of khata before the Bangalore Mahanagarapalike in respect of property bearing old No. 101, new No. 19, 3rd Cross, Maruthi Extension, Srirampuram, Bangalore. Though said application was filed on 28.12.1994, till February 1996, no action had been taken. It is in this regard, PW-3 on behalf of CW-4 went to the office of accused No. 1 on 22.2.1996, however, accused No. l pretended that they want the earlier application dated 28.12.1994. On 7.3.1996, PW - 3 gave three more applications to accused No. l. All the three applications are in relation to property of CW-4. Applications were filed by CW-4. V. Rangarajulu Naidu and other by Sunderrajulu Naidu. Since 7.3.1996, the accused No. l was postponing the consideration of application of CW-4 in the month of June 1996, accused No. 1 forced the PW-3 to pay amount of Rs. 25,000/- for the purpose of transfer of khata in favour of CW-4 and others. Since PW-3 did not pay the said amount, accused No. 1 referred the applications for legal opinion. Accused No. 1 was in the habit of not giving any endorsement. In September 1996, file came back to accused No. 1 from the legal Department. Legal Department opined that the applicants are entitled for change of khata. Since September 1996 to November 1996, accused No. 1 did not take any action on the said application. On 4.11.1996, complainant met accused Nos. 1 to 3, all the accused persons demanded Rs. 25,000/- from the complainant for change of khata and it was agreed that initial payment was to be made at Rs. 5,000/- Rs. 1,000/- to accused No. 1 and Rs. 2,000/- to accused Nos. 2 and 3 each. On 6.11.1996, accused No. 1 told the complainant that, even if he is not in the office, complainant may pay the said amount of Rs. 1,000/- to accused No. 2 and he would collect it.