LAWS(KAR)-2022-2-142

PADMANABHA Vs. STATE OF KARNATAKA

Decided On February 09, 2022
PADMANABHA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard Sri Anil Kumar Navadagi, learned counsel for the appellant and Sri Subhash Mallapur, learned Special PP for Lokayuktha - respondent herein.

(2.) The present appeal is filed by the accused who has been convicted in Special Case (LOK) No.11/2010 by the Special Judge, Principal Sessions Judge, Vijayapur, for the offences punishable under Ss. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act.

(3.) Brief facts of the case are as under: Sri Subramanian S/o. Sundaram, lodged a complaint with the Bagalkote Lokayuktha police on 10/12/2008 which was registered by the Lokayuktha Police in Crime No. 14/2008, which was transferred to the Vijayapur Lokayuktha and renumbered it as Crime No.13/2008. In the complaint, it is contended that complainant is the resident of Seetha Vihar in Chattisgad State and he is working in M/s.KMMI ISPAT Private Limited and incharge of Halavarthi, Koppal. On 2/12/2008, he had purchased equipments for KMMI Ispat factory for a sum of Rs.40.00lakhs and he has paid Rs.80,000.00 as tax and he was transporting the said equipment from Raipura to Koppal in a lorry bearing CG-04/DA-2645. The lorry reached Dhulkhed commercial tax check post on 7/12/2008 at about 2.00 p.m., The officers of the check post intercepted the vehicle and asked for illegal gratification which was intimated by the driver of the lorry to him. He has told the driver to settle with the officers by paying Rs.1,000.00 or Rs.2,000.00. But, the driver replied that the officers are not agreeing for the small sum and they have told him to visit the check post. Accordingly, the complainant along with the Product Engineer Sri K. Mani visited the check post on 8/12/2008 and met Sri Ananthanarayana. He requested Sri Ananthanarayana but he demanded a sum of Rs.15.00 lakhs. Negotiations took place and the Commercial Tax Officer demanded minimum of Rs.5.00 lakhs and he was not agreeable for the same and therefore, he took the help of one Sabbir Huseni of Koppal. He assured that he would visit the check post and negotiate further. On 10/12/2008, one Padmanabha was the in-charge of the check post. He demanded a sum of Rs.10,20,000.00 and intimated the same to Sabbir Huseni. The said Padmanabha intimated the same to Sabbir Huseni over telephone and he also told that the said amount will be shared among himself, Dalwai and Ananthanarayana and he demanded minimum of Rs.5.00 lakhs. The complaint averments also reveal that immediately, the amount of Rs.5.00 lakhs is to be arranged, for which Sabbir Huseni replied that he has arranged Rs.3.00 lakhs and another Rs.2.00lakhs he would arrange and pay the same. The accused replied that the amount is to be paid before morning otherwise, things would be different.