RAYAPPA NINGAPPA KALASANNAVAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE present appeal is preferred calling in question the judgment of conviction and sentence passed by Additional District and Sessions Judge and Special Judge, Belgaum in Special C.C. No. 73/2008 dated 26.11.2011 in convicting he appellant for the offences punishable under Sections 7 and 13(i)(d) r/w Section 13(2) of Prevention of Corruption Act and sentencing him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.2,000/ - with a default sentence of three months for the offence under Section 7 of P.C. Act and also sentencing him to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.3,000/ - with a default clause of three months imprisonment for the offence under Section 13(i)(d) r/w Section 13(2) of Prevention of Corruption Act.

(2.) I have heard the arguments of Sri. A.P. Murari, learned Counsel for the appellant and also the learned Special Prosecutor for Lokayuktha Sro/ Gimdawade. I have carefully perused the entire materials on record.

(3.) BEFORE adverting to the grounds urged in this particular appeal, it is just and necessary to bear in mind few factual aspects of this case. It is seen that a person by name Bhimappa Kallolli Kalakutagi of Gudasa Village, Hukkeri Taluk, Belgaum District, has lodged a complaint against the appellant/accused herein on 28.05.2007 making allegations that he had some dispute pertaining to his vacant place near his house with one Maruti Babu Vaddar. In this context, the said Maruti Babu Vaddar has lodged a complaint against this complainant Bhimappa Kallolli Kalakutagi on 03.05.2007 before the Hukkeri Police. This accused/appellant secured the presence of the complainant on 12.05.2007 and took him to the Police Station. It appears according to the complainant that there was a compromise between the complainant and Maruti Babu Vaddar in connection with the same. It is alleged that the accused told the complainant that PSI, Hukkeri has to be given Rs.2,000/ - for having resolved the dispute between the complainant and the said Maruti Babu Vaddar. It is alleged that after the said compromise the accused also started demanding a sum of Rs.500/ - to him for not to cause any inconvenience to the complainant. It is alleged that the accused often over phone demanded payment of Rs.500/ - and given threat to the complainant that if the complainant does not pay that amount he would be taken to custody and he would be kept in the Police lockup. In the said pretext, it is alleged particularly that on 24.05.2007 the accused had visited the village of the complainant and threatened the complainant to pay the said amount of Rs.500/ - within two days otherwise he would be kicked and put in the lockup. With all these allegations a complaint came to be lodged.