L SATHISH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition filed by the petitioner/accused No.2 under article 226 and 227 of Constitution of India and read with 482 of Cr.P.C to quash order dtd. 27/4/2022 in Spcl.C.C.No.150/2020 in Crime No.18/2016 of AntiCorruption Bureau passed by XXII Additional City Civil and Sessions Judge and special judge (P.C. Act) at Bangalore for offence punishable under Ss. 13(1)(d), 13 (2) of the Prevention of Corruption Act 1988.

(2.) Heard learned senior counsel for the petitioner and special court for respondent.

(3.) The case of the prosecution is that on the complaint of one Shylaja N.k, an accounts Manager of Nexys Controls Pvt. Ltd. Bengaluru filed complaint to the Lokayuktha alleging that the company claimed refund of Rs.6,03,917.00 as excess tax amount from the Assistant Commissioner of Commercial Taxes LVO-60. An application came to be filed, at that time the accused No.1 the Assistant Commissioner, demanded 10% of the amount of Rs.60,000.00 as bribe for refund that on 4/11/2016 the accused No.1 said to have had telephonic conversation with this petitioner and he has agreed to receive Rs.30,000.00 each for accused No.1 and for the petitioner by way of two separate envelops. The complainant was not willing to pay bribe and lodged complaint and after lodging the complaint the trap was set up. The amount has been sent to accused No.1 in two envelops, while accepting the same by accused No.1 the Lokayuktha trapped accused No.1 and seized the cash. After registering the case, the police charge sheeted against the accused Nos.1 and 2 and this petitioner being accused No.2 challenged the charge sheet before this court by way of this writ petition.