B V NAGARAJU ALIAS DUBAI NAGARAJU Vs. STATE

JUDGEMENT

(1.) THE appellant (accused) was tried and convicted for an offence punishable under Section 136 of Indian Electricity Act, 2003. Therefore, he is before this Court.

(2.) I have heard learned counsel for accused and learned Government Advocate for respondent.

(3.) THE accused was tried for the afore stated charges on the allegations that accused being an electrical contractor had unauthorisedly removed 4 poles pitched for guarding 11 KV line drawn to Thammadihalli Somasagara and 40 KV line drawn to Davanagere Nelamangala and used two poles to provide electric connection to bore well motor installed in land bearing survey No.49/3 which was in possession of CW2 B.K.Shivanna. The accused had received a sum of Rs.18,400/ - from CW2 B.K.Shivanna, for the afore stated purpose. The accused without obtaining work order or without remittance of the amount to the Board, had used two poles to draw the lines and he had left the remaining two poles besides Somasagara road, one month prior to 14.3.2005 and thereby committed an offence punishable under Section 136 of Indian Electricity Act, 2003.