MANJUNATHASA M. Vs. STATE

JUDGEMENT

(1.) This petition is filed by the petitioner accused under Sec. 482 of Cr.P.C. for quashing the criminal proceeding in Spl. Case No.40/2014 registered by Lokayukta police and charge sheeted for the offences punishable under Ss. 7, 8, 13(1)(d) read with Sec. 13(2) of Prevention of Corruption Act, 1988 (hereinafter referred to as 'Act').

(2.) Heard the arguments of learned counsel for the petitioner and learned special counsel for respondent.

(3.) The case of prosecution is that on the complaint of Gilka Naik, the Lokayukta police registered a case on 10/2/2013, wherein it is alleged that the petitioner said to be worked as Sub Inspector of Police in Ramanagar Traffic police station, where respondent No.2-defacto complainant, said to be the GPA holder of RC holder of vehicle, filed an application for the release of Canter vehicle. At that time, the petitioner said to be demanded Rs.15,000.00 as bribe. The complainant was not willing to pay the bribe. Hence, he filed a complaint. Trap was laid by the Lokayukta police and tainted money was recovered form the petitioner-accused. It is alleged that Assistant Sub Inspector demanded Rs.5,000.00 for the PSI i.e. the present petitioner, and also for himself and for the writer of the police station. At the instructions of the petitioner, the bribe was given to accused No.3 and later, it was given to accused No.4. The police trapped the accused and recovered the amount. Later, the petitioner-accused has been arrested and the police after completion of investigation filed charge sheet against accused Nos.1 and 2, which is under challenge.