B.S. HANUMANTHARAYAPPA Vs. STATE BY LOKAYUKTA POLICE

JUDGEMENT

(1.) THE appellant was put on trial for commission of the offences punishable under Ss.7 and 13(2) r/w S.13(1)(d) of Prevention of Corruption Act, 1988 (for short 'the Act') in Special Case No.44/2000 on the file of the Principal Sessions Judge at Tumkur. He was found guilty by Judgment dated 8.10.2009 and was sentenced to undergo imprisonment for one year and pay fine of Rs.2,000/-, in default, to undergo simple imprisonment for 3 months for the offence under S.7 of the Act and was further sentenced for the offence under S.13(1)(d) r/w S.13(2) of the Act, to undergo imprisonment for one year and pay fine of Rs.2,000/-, in default, to undergo simple imprisonment for 3 months. The substantive sentences were ordered to run currently.

(2.) SHORTLY stated, the facts are that, the appellant- accused, at the relevant time, was working as a Village Accountant at Bukkapatna, Sira Taluk, Tumkur District. It was the case of the prosecution that, Kodandarama Setty (PW-1), owns 30 Guntas of land in Sy.No.133/4, Bukkapatna Village, which came to him under a family partition in 1975-76 and that, he approached the accused to take an RTC extract and learnt that, only an extent of 12 Guntas was shown as belonging to him, instead of 30 Guntas and that the accused demanded Rs.20,000/- as bribe for setting right the mistake and when Kodandarama Setty pleaded his inability to pay so much money and offered to pay only Rs.5,000/-, the accused at last, agreed to accept Rs.10,000/- in the first instance and to receive the balance, after the work was done. Kodandarama Setty assured the accused, that he will organize Rs.10,000/- in a day or two and would come back, for which, the accused said that the money should be paid prior to Ugadi festival, either at Sira or at Bukkapatna. Unwilling to pay the bribe amount to the Village Accountant, who is a Government servant and the demand made to pay the bribe being illegal, Kodandarama Setty lodged complaint in writing, on 15.3.1999, before the Police Inspector, Karnataka Lokayuktha, Tumkur District, Tumkur. In the complaint, it was further stated that, as per the instructions of the Village Accountant, he had given application to the Tahsildar and the said application is now with the Village Accountant, Bukkapatna for necessary action. D. Narayanaswamy, P.I., Karnataka Lokayuktha, Tumkur (PW-10), having received the said complaint, registered a case in Crime No.6/1999 for the offences punishable under Ss.7, 13(1)(d) r/w S.13(2) of the Act and sent the FIR to the Court. PW-10 decided to lay a trap and sent requisitions to the officers, wherein, B.K. Narasimhamurthy (PW-2) and B.Yoganna (PW-3) were working and after the arrival of PWs.2 and 3, PW-1 produced 100 currency notes of Rs.100/- denomination. The serial numbers of the currency notes were noted and phenolphthalein powder was applied to the said currency notes and after observing the usual formalities and after demonstration regarding preparation of sodium carbonate solution and washing of hands, the pre entrustment panchanama/Ex.P2 was drawn and thereafter, PW-10 along with PWs.1, 2, 3, 6 and his staff, went near the office of the accused and the complainant/PW-1 was instructed to hand over the entrusted currency notes to the accused, only when he makes a demand and was instructed to give the pre- determined signal. PWs.1, 2 and 6 went to the office of the accused and they came back saying that the accused told that he would come to the house of PW-6. Complainant/PW-1, B.K. Narasimha Murthy/shadow witness and B.R.Manjunath/PW-6, went to the house of PW-6. Accused came to the house of PW-6 and told PW-1, that he has done his work and whether Kodandarama Setty has brought what was asked by him. PW-1 took out the entrusted currency notes and handed over the same to the accused, who kept the same in the secret pocket of his pant. PW-1 went out of the house of PW-6 and gave the pre-determined signal, by wiping his face. Immediately, the trap party led by PW-10 entered the house of PW-6. The complainant pointed out the accused and stated that the accused demanded and accepted the bribe amount. The accused was apprehended. PW-10 conducted the sodium carbonate solution test and the right hand wash of the accused was taken in the solution and it turned to pink colour. PW-10 asked the accused regarding the money and the accused took out the money from his secret pant pocket and produced. The serial numbers of the currency notes were verified with the currency notes mentioned in the entrustment mahazar and they tallied. Thereafter, PW-10 seized the pant of accused and the secret pocket of the pant was dipped in the solution and the solution turned to pink colour. The accused gave his written explanation and told that he had asked for loan and that the money given by PW-1 was the loan for education of his son. Trap panchanama was drawn in the house of PW-6, by PW-10, which was attested by PWs. 1, 2, 3, 6 and staff of PW-10, present at the time of trap. After completion of the investigation and obtaining the sanction for prosecution of the accused, charge sheet was filed.

(3.) EX .P1 is the complaint. Ex.P2 is pre-trap panchanama. Ex.P3 is trap panchanama. Ex.P4 is statement showing the serial numbers of the currency notes. Ex.P5 is the written explanation of the accused submitted during trap proceedings in the house of PW-6. Ex.P6 is xerox copy of the pahani and mutation extracts. Ex.P7 is sanction order for prosecution of accused. Ex.P8 is xerox copy of the sketch. Ex.P.9 is xerox copy of the order of Tahsildar, dated 3.5.1999. Ex.P10 is letter dated 12.5.1999 sent by PW-9. Ex.P11 is FIR. Exs.P.12 and P.13 are the requisitions sent by PW-10 to the officers, wherein PWs.2 and 3 were working. Ex.14 is sample seal. Ex.P15 is property form. Ex.P16 is chemical examiners report. Ex.D1 is the application of the complainant/PW-1, dated 24.2.1999, addressed to the Tahsildar, in the matter of rectification of the extent of land of Sy.No.133/4, Bukkapatna Village. Exs.D4 and D5 are the mutation register extracts. Ex.D7 is certified copy of Akarband of land bearing Sy.No.133/1.