LAWS(KAR)-2020-3-114

PRATHAP B. Vs. COMMISSIONER BRUHATH BENGALURU MAHANAGAR PALIKE

Decided On March 17, 2020
Prathap B. Appellant
V/S
Commissioner Bruhath Bengaluru Mahanagar Palike Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) The petitioner is a former employee of the Bruhath Benglauru Mahanagara Palike (BBMP) and was discharging duties as in-charge Assistant Revenue Officer, BBMP, Arkere Sub-Division, Benglauru and that on the complaint of one Sri.Pradeep that the petitioner was demanding money for carrying out mutation in respect of property bearing Sy.No.69/1, Hulimavu Village, Bengaluru, the Lokayuktha Police laid a trap and the petitioner was caught red-handed and thereafter, Lokayuktha Police registered a case in Crime No.69/2016.

(3.) After completion of investigation, chargesheet came to be lodged against the petitioner in Spl.C.C.No.161/2017 before the LXXVIII Additional City Civil and Sessions Judge and Special Judge (PCA), Bengaluru under the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'P.C. Act' for short). After appreciation of the oral, ocular evidence and material evidence on record, the trial Court was pleased to convict the petitioner and awarded maximum sentence of four years for the offence punishable under Section 7 of the P.C. Act and five years for the offence punishable under Sections 13 (1) (d) and 13(2) of the P.C. Act. That the petitioner preferred an appeal in Criminal Appeal No.865/2019 before this Court and the Court was pleased to suspend the sentence.