MALLIKARJUN BASALINGAPPA BALIPADI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has sought for setting aside the order passed by the special (Principal Sessions) Judge, Belgaum in Special Case No. 15 of 1998, dated 31-8-2004 in dismissing the application filed by the petitioner under Section 239 of the Cr. P. C. seeking for the discharge on the ground of invalid sanction.

(2.) HEARD the learned Counsel for the petitioner and the learned State public Prosecutor and Government Pleader on the point.

(3.) THE facts which are necessary for disposal of the case is that the complainant-Anthony Fernandes is a businessman and is a resident of camp in Belgaum town. He has filed the complaint against this petitioner stating about 5-6 months prior to filing of the complaint, he had secured a tender for supplying desks worth Rs. 30 lakhs under d. P. E. P. Scheme from the Deputy Director of Public Instruction, belgaum. He has supplied desks worth Rs. 15 lakhs and he received the payment. Subsequently, he supplied desks worth Rs. 10-12 lakhs and submitted a bill for payment and he also supplied remaining desks worth Rs. 3,50,000/ -. He supplied these desks through his firm name 'johnson Handicraft'. It is alleged that this petitioner-accused who is a accounts Officer working in the said office, was insisting the complainant for payment of bribe amount and with great difficulty he got it cleared Rs. 15 lakhs and for the remaining amount when the bill was submitted, the accused demanded bribe of Rs. 50,000/ -. Thereafter, the complaint was filed before the Lokayuktha Police. The Lokayuktha police laid a trap and the trap was successful. Thereafter, after completion of the investigation, the charge-sheet was filed.