MALLIKARJUN Vs. STATE OF KARN ATAKA

JUDGEMENT

(1.) Petitioner, who is arraigned as accused, has filed this petition under sec. 482 of Cr.P.C. with a prayer to quash the entire proceedings and charge sheet in Crime No.10/2018 (Special Case No.25/2021) for the offence punishable under sec. 7(a) of the Prevention of Corruption Act, 1988, (Amended Act, 2018), (for short "P.C.Act") pending on the file of IV Additional Sessions and District Judge (Special Court), Belagavi.

(2.) The petitioner has contended that during 2016, he was working as PSI at Kittur Police Station of Belagavi District. On 3/8/2018, respondent No.2 filed a written complaint alleging that during 2017 Ganesh festival, there was prohibition for selling liquor as per the orders of the Deputy Commissioner, Belagavi. However, the petitioner apprehended a person selling liquor illegally in front of liquor shop of respondent No.2 and registered a criminal case against him. Alleging that during the month of July- 2018, petitioner called respondent No.2 to police station and issued notice under sec. 41-A of Cr.P.C. and when respondent No.2 met the petitioner, he asked respondent No.2 as to why in these two years he has not come and met him and pay the Hafta, which the owners of other liquor shops regularly pay and he gave a threat that he is going to include the name of respondent No.2 and his brother in the charge sheet, which he is going to file and demanded bribe. After much negotiation, petitioner agreed to receive Rs.75,000.00 each for not including the names of respondent No.2 and his brother in the charge sheet. Alleging that respondent No.2 has recorded the conversation between him and the petitioner and as he is not willing to pay the bribe, he lodged the complaint against the petitioner. However, on 3/8/2018, when the investigating officer arranged for trap in the police station, petitioner instead of receiving the bribe amount by himself, directed respondent No.2 to handover the money to one Vishnu Kalal and in this way, the trap could not be successfully executed. However, based on the material, charge sheet came to be filed against the petitioner for the offence punishable under sec. 7(a) of the P.C.Act.

(3.) Respondent No.1 appeared through standing counsel Sri. Santosh Malagoudar and respondent No.2 has appeared through Sri. M. H. Patil, advocate.