K.ABDUL RAHIM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is arraigned as accused No.2 has filed this petition under Sec. 482 of Code of Criminal Procedure (for short, ' Cr.P.C .') to quash the criminal proceedings initiated against him, based on the complaint filed by respondent No.2.

(2.) Petitioner has contended that he is totally innocent of the offences alleged and has been falsely implicated. At the relevant point of time, he was working as Executive Engineer of the division. Absolutely there are no materials to indicate that he was involved in any manner. As per the complaint, there are no allegations of demand or receipt of bribe and no recovery was made from his possession. No phenolphthalein test was conducted on him. In view of the same, proceedings initiated against him are totally unsustainable.

(3.) On the other hand, learned standing counsel representing respondent No.1 submitted that respondent No.2 who is a contractor and for having carried out the contract work, a sum of Rs.21,00,000.00 were due to him and for clearing the said bills, accused No.1 demanded bribe in a sum of Rs.70,000.00, but ultimately agreed to receive Rs.60,000.00. After conducting entrustment mahazar proceedings, when complainant went to the office of accused No.1 to hand over tainted notes accompanied by the shadow witness, before accepting the said money, accused No.1 suggested and insisted complainant to meet the petitioner/accused No.2 who was working as Executive Engineer/DD.