DAYANANDA SWAMY G. N. Vs. XXXXXXXX

JUDGEMENT

(1.) This petition is filed by the petitioner-accused under Sec. 482 of Cr.P.C. for quashing the criminal proceedings in Spl. C.C. No.1947/2022 pending on the file of the 23rd Additional City Civil And Sessions Judge and Special Judge for Prevention of Corruption Act, Bengaluru for the offence punishable under Ss. 7(a) of Prevention of Corruption Act (hereinafter referred to as 'Act').

(2.) Heard the arguments of learned counsel for the petitioner and learned Special Counsel for respondent No.1.

(3.) The case of prosecution is that on the complaint of 2nd respondent, the then ACB police registered FIR in Crime No.14/2021 on 14/6/2021 against the petitioner-accused. It was alleged by respondent No.2 that he was doing the real estate business and a case was registered against him in Kodigehalli police for the offences punishable under Ss. 420, 504, 506 read with Sec. 34 of IPC on 1/4/2021. After knowing the same, the petitioner-accused working in the DCP office contacted the complainant stating that he will influence the Kodigehalli police for filing B final report against the complainant and hence, he demanded Rs.10.00 lakhs as bribe. Accordingly, the complainant contacted his friend Dayananda Kumar on 6/4/2022 and his friend paid Rs.5.00 lakhs to the petitioner-accused and undertook to pay the remaining Rs.5.00 lakhs. Subsequently, the complainant was released on bail. On 5/6/2021, the petitioner-accused telephoned to the complainant asking him to come near the DCP office and when the complainant met the petitioner-accused, the complainant was informed that there was one more complaint filed in Yalahanka Upanagar police and there was fabrication of documents in respect of land/site Nos.8, 9 and 10 of Sy. No.16/1. It was also informed that the owner of the aforesaid sites was not the real owner and therefore, he demanded removing Rs.5.00 lakhs in respect of filing B-final report in respect of the case in Kodigehali police and also Rs.50.00 lakhs for closing the matter in respect of Yalahanka Upanagar police. The petitioner-accused threatened the complainant that if the said amount is not paid, the complainant will be named in the rowdy sheet and file number of cases against him. And also, the petitioner-accused managed to register an FIR against the complainant in crime NO.96/2021 on 8/6/2021. Therefore, the complaint came to be filed against the petitioner-accused. After registering the case, the police arrested the petitioner-accused and he was released on bail. After completion of investigation, the charge sheet came to be filed, which is under challenge.