B.N. RAJANNA S/O B.L. NANJAPPA ASSISTANT EXECUTIVE ENGINEER BESCOM Vs. STATE OF KARNATAKA REPRESENTED BY LOKAYUKTA POLICE

JUDGEMENT

(1.) IN this petition filed under Section 439 Code of Criminal Procedure., the Petitioner has sought for an order to enlarge him on bail in connection with Crime No. 59/2010 on the file of the Lokayukta Police, Bangalore City Division, Bangalore.

(2.) ACCORDING to the case of the prosecution, the Petitioner while working as Assistant Executive Engineer, 4th North Sub Division, BESCOM, Peenya 2nd Stage, Bangalore, demanded bribe of Rs. 75,000/ -from Sri. M.G. Nataraj, an Electrical Contractor for sanctioning additional power to M/s. G.R.V. Merchandizing, 4th Phase Peenya, Bangalore and out of the said amount of Rs. 75,000/ -, the Petitioner collected an advance of Rs. 2,000/ - on 6.12.2010. The complainant not willing to pay the bribe filed complaint before the Police Inspector, City Division, Lokayukta, Bangalore, who arranged for a trap. On 8.12.2010, the complainant went to the office of the Petitioner along with marked currency notes smeared with Phenopthalin powder. At that time, the Petitioner after questioning the complainant as to whether he has brought the money, directed the complainant to keep the money in the table -draw. Accordingly, the complainant kept the marked currency notes in the table -draw of the accused. Thereafter, the accused took out the money and gave it to the cashier Sri Narasimhaiah to count the same. At that time, the officials of the Lokayukta went inside the office of the accused and seized the marked currency notes, which were in the possession of Narasimhaiah and when the hands of the accused were washed, the solution turned into pink. Thereafter, the accused was arrested and was produced before the Jurisdictional Court and was remanded to judicial custody.

(3.) THE petition is opposed by the Respondent. I have heard the learned Counsel on both sides.