MAHESH P.S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner- accused No.1 under Sec. 482 of Cr.P.C. for quashing FIR in crime No.44/2022 registered by the then ACB, now pending with the Lokayuktha police for the offence punishable under Ss. 7a of Prevention of Corruption Act (hereinafter referred to as ' PC Act ') pending on the 23rd Additional City Civil and Sessions Judge, Bengaluru.

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

(3.) The case of prosecution is that on the complaint of one Ajam Pasha filed on 20/5/2022, the ACB police registered the case. It is alleged that the complainant is running a mutton shop at Begur. He is also having a land measuring 38 guntas in Sy.No.190/5 at Kodulu Grama, Anekal, purchased in the year 2014 and he got transferred the revenue records in his name. The complainant wanted to convert the said land into residential land and there was a case pending before the Assistant Commissioner of Revenue in R.A. No.3/2018-19 and the same came to be rejected on 24/12/2020. Hence, the complainant filed a revision petition before the Deputy Commissioner, Bengaluru urban, in R.P. No.16/2020-21. After enquiry, the case was reserved for orders by the Deputy Commissioner on 30/3/2022 and the order is awaited. Subsequently, the complainant had approached the office of the Deputy Commissioner on 18/5/2022 and the said Deputy Commissioner returning back from the duty. At that time, the complainant said to be met the petitioner-accused No.1 and the Deputy Commissioner went away. It is further alleged that when the de-facto complainant went to the chambers of the petitioner and sat in front of his table, at that time, the petitioner said to be asked a staff to bring the case file of the complainant and asked as to what was the arrangement that had been done in the case and what was the bribe amount. The petitioner said to be wrote on a piece of paper as '15', it is meant for Rs.15.00 lakhs and the first informant/complainant expressed his inability. Then the petitioner wrote as '8' on the piece of paper, but the first informant/complainant offered to pay only Rs.3.00 lakhs. Then, the petitioner wrote '5' on the paper. Then the complainant took the piece of paper with video and audio recording and lodged the complaint to the ACB. Then the ACB police registered FIR and set up a trap, and on 21/5/2022, the informant took money. While handing over the same to accused No.2, accused No.2 was caught red handed, a seizure panchanama was prepared and then the police arrested this petitioner and shown as accused No.1 and the police took up the investigation, which is under progress, and it is challenged by the petitioner- accused No.1 before this Court.