G. SREENIVASA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed by the petitioner-accused No.1 under Articles 226 and 227 of Constitution of India for quashing the FIR in Crime No.9/2020 registered by the then ACB Police, presently 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 and learned Special counsel for the respondent No.1-Lokayuktha.

(3.) The case of the prosecution is that the complainant-K.N.Lokesh who is the ACB police registered a case on 27/11/2020 where it is alleged in the first information that the petitioner is the SDA working in the Department of Rural Development and Panchayath Raj in Panchayath Development Office, Rampura Gram Panchayath, Gouribidanur Taluk, Chikkaballapura District and he was the in charge PDO and he took charge for the said in charge post on 17/11/2018. Respondent No.2- Lokesh and his brothers Harish and Shivakumar said to be took the development works under NREGA Scheme by taking up some wards for development at Kundihalli village at Survey No.37, measuring 1 acre 26 guntas. The petitioner is said to be the Data Entry Operator in the PDO Office. He said to be informed that the work is approved for job card holders and he said to be transferred the amount for Rs.1,05,875.00 and he has demanded 35% of the amount towards the commission from the job holders. It is further alleged that on 12/11/2020 at 12 noon, the complainant and his brothers approached the petitioner, at that time, the Data Entry Operator-Naveen Kumar said to be demanded Rs.35,000.00 and out of which, Rs.15,000.00 given to the Naveen Kumar. Thereafter, this petitioner and Naveen Kumar said to be had conversation while demanding the bribe. The same was recorded and given to the police for registration the FIR. He further alleges that on 13/11/2020, he has paid Rs.5,000.00 to Naveen Kumar and the said Naveen Kumar demanded Rs.10,000.00 and then he agreed to pay Rs.5,000.00 and transferred the said amount through Google pay. When the said Naveen Kumar agreed to receive Rs.30,000.00, out of which, the remaining Rs.20,000.00 was demanded over the phone. Therefore, the complaint came to be filed. After registering the case, the Police setup the trap on 30/11/2020 and finally on 5/12/2020, accused No.2 was trapped while accepting the bribe amount and the FIR was registered against accused Nos.1 and 2 which is under challenge.