STATE OF KARNATAKA Vs. SRIKANT BASAPPA HUGAR

JUDGEMENT

(1.) The Special Lokayukta Police has filed this appeal under Section 378(1) and (3) of Cr.P.C., challenging the judgment of acquittal passed by the District and Sessions Judge, Gadag in Spl.SVC.C.C.No.5/2006 dated 24.05.2012 and prayed for allowing the appeal by convicting the accused.

(2.) For the sake of convenience, parties herein are referred with original rankings occupied by them before the Trial Court.

(3.) The brief facts leading to the case are that the accused was working as Assistant Traffic Inspector in NWKRTC, Gadag Depot and the complainant-Basavaraj was working as a conductor in NKSRTC Depot at Gadag. That on 13.02.2006, at morning hours, the complainant went outside for his personal work along with his reliance mobile and thereafter he kept his mobile in the shop of Manjunath Kukanoor and went to his duties and on the same day, the accused checked his bus and found everything correct. Thereafter, the accused asked the mobile to the complainant but the complainant reported that he is not carrying mobile. It is alleged that then the accused forced the complainant to get his mobile from any other person and as such, the complainant went to the nearby shop and took his mobile and given it to the accused. Thereafter, the accused seized the mobile stating that the complainant has used the mobile when he was on duty and during evening hours, when complainant requested the accused to give back his mobile, the accused refused his request. It is also alleged that on 15.02.2006 accused asked the complainant through his colleague Hugar to meet him in a hotel at Mundaragi and when complainant met him, accused asked him to give a new mobile and threatened him that if a new mobile is not given, he will issue memo and dismiss the complainant from service. The complainant was not willing to give a new mobile phone to the accused and hence, he lodged a complaint to Lokayukta police. On the basis of the complaint, a crime was registered in Gadag Lokayukta PS Crime No.2/2006 against the accused under Section 7, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 (for short "the Act ") and trap was arranged on 16.02.2006. After drawing entrustment mahazar in Gadag Lokayukta office, they ascertained that the accused is in head office at Hubli and went there and around 5.00 p.m., and at 5.30 p.m., the accused was trapped red handedly while demanding and accepting the bribe amount of Rs.2,500/-. Ultimately the trap mahazar was also drawn by the investigating officer and after completing the investigation and obtaining sanction, the investigating officer submitted the charge sheet.