YASHWANTH B.S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Sec. 482 of Cr.P.C. for quashing the FIR in Crime No.1/2021 registered by the then ACB (Bangaluru City Division), now Lokayuktha, for the offence punishable under Sec. 7(a) of the Prevention of Corruption Act, 1988 (for short 'P.C. Act').

(2.) Heard the arguments of learned counsel for the petitioner, learned Special counsel for the respondent No.1-Lokayuktha. The respondent No.2 served and unrepresented.

(3.) The case of the prosecution is that the complainant one Shivashankar, a retired Under Secretary worked in Secretariat, Bengaluru filed a complaint on 7/1/2021 to the Lokayuktha Police alleging that he is said to be purchased a land in Survey No.79 at Shettigere Village, Jala Hobli, Bengaluru North Taluk, Bengaluru measuring 5 acres for a sum of Rs.2.80 Crores from one Syed Babajan and an agreement of sale has been registered on 18/6/2018, but the said Syed Baba Jan said to be entered an agreement of sale with one Mukesh Mittal on 2/8/2018. Therefore, a civil case has been filed which is pending in R.A.No.6/2019 and stay has been granted by the Civil Court. Therefore, the complainant want to put up a board on the land and when he has approached the police for protection on 24/12/2019, they asked him to bring all the documents, therefore, once again he approached the Police Inspector- this petitioner. For that the petitioner said to be demanded Rs.10,00,000.00 for providing protection and he also demanded to pay a part of the amount, therefore, he came back. On 29/8/2020, the Police Constable in the said police station telephoned to the complainant and demanded to pay Rs.10,00,000.00 and again telephoned to the complainant on 29/8/2020. He further stated that he has put up a board on the property, it was removed by some opposite party, therefore, once again he has approached the Chikkajala Police though one Nanjapppa. Then on 1/9/2020, in the house of one Nanjappa, the complainant handed over Rs.2,00,000.00 and subsequently, he has given another Rs.2,00,000.00 and remaining Rs.6,00,000.00 was pending. Since, the complainant was not willing to pay the bribe, he has approached the police and in turn, the Police registered the FIR and trap was set up. On the date of trap, the complainant approached accused No.2-the police constable and informed that the complainant is bringing money. Thereafter, while accused No.2 receiving the cash of Rs.6,00,000.00, the police apprehended him and seized the cash under the panchanama and then shown the name of the present petitioner as absconding and took up the investigation which is under challenge.