STATE Vs. T.MANJUNATH

JUDGEMENT

(1.) These two petitions are filed challenging the order dtd. 23/8/2017 passed by the Trial Court in allowing the discharge application filed by the accused No.1/petitioner and giving liberty to proceed further in accordance with law and to file charge sheet afresh after obtaining necessary sanction from the Competent Authority.

(2.) The factual matrix of the case of the Karnataka Lokayuktha police in Crl.R.P.No.422/2018 is that the complainant was working as a Supervisor in M/s Prashanth Crushers Limited and the company operates many vehicles including tippers. Accused No.1 was working as a Senior Inspector of Motor Vehicles at RTO Office, K R Puram, Bengaluru. Accused No.1 used to threaten the drivers of tipper vehicles sating that he would seize the vehicles if they do not pay him periodical bribe. In this background, CW1-Manjunath met CW17- Sanjeevarayappa, T-Police Inspector, Lokayuktha whereupon he gave him a voice recorder to record the conversation whereby accused No.1 was said to have made a demand for bribe amount of Rs.24,000.00 and after bargaining, he reduced it to Rs.18,000.00. Since the complainant was not inclined to pay the bribe amount, he gave written information to the Lokayuktha Inspector, who arranged for the trap. He secured two independent witnesses who were th Government servants and in their presence, conducted pre-trap proceedings. During the course of pre-trap proceedings, an amount of Rs.15,000.00 was entrusted to the complainant to be handed over to accused No.1 upon demand. Thereafter, CW17 along with his staff, two independent witnesses and the complainant left to the RTO office, K R Puram, Bengaluru, where accused No.1 was working. Accused No.1 was trapped while demanding and accepting illegal gratification of Rs.15,000.00 from the complainant through accused No.2- H B Mastigowda - a private person who is alleged to have received the amount at the instance of accused No.1. The Lokayuktha police, after completion of investigation, obtained Sanction Order from the Commissioner of Transport, for prosecution against accused No.1 and filed charge sheet against the accused Nos.1 and 2 for the offence punishable under Ss. 7, 8, 13(1)(d) r/w 13 (2) of the Prevention of Corruption Act, 1988.

(3.) In pursuance of suit summons, accused Nos.1 and 2 appeared before the Court. Accused No.1 has filed an application under Sec. 227 read with Sec. 239 of Cr.P.C. seeking for discharge. The learned Spl. P.P. has filed statement of objections and seriously opposed the said application.