STATE OF KARNATAKA Vs. ASHRANI

JUDGEMENT

(1.) The State of Karnataka represented through Lokayukta Police Station, Kalaburagi has assailed the judgment of acquittal dtd. 17/11/2020 passed in Special Case No.7/2016 (Lokayukta), acquitting the accused for the offences punishable under Ss. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'P.C.Act'), by the learned Principal Sessions Judge and Special Judge at Kalaburagi (for short 'Trial Court').

(2.) The parties to this appeal are referred with reference to their rank before the Trial Court for the purpose of convenience.

(3.) That complainant by name Ishwarappa S/o. Gundappa Talawar has filed a complaint by appearing before the Lokayukta Police Station, Kalaburagi stating that, since from the year 2005, he is working as a peon in Anwar Gram Panchayat, Chincholi taluka, Kalaburagi district. At that time, he was drawing salary of Rs.4,995.00 per month. Likewise, his other colleagues by name, Murgeppa, Narasappa, Anilkumar, Ningayya, Pundalik Sanjukumar and Hanmanth are also working in the said Gram Panchayat and they are also getting salary of Rs.5,216.00 per month. It is alleged in the complaint that, since twelve months prior to filing of this complaint, there was no disbursement of their salary. Therefore, all of them gave a representation to the President and Panchayat Development Officer (PDO) of the said Gram Panchayat on 25/1/2015 to disburse their salary. It is further alleged in the complaint that, when they made enquiry with the accused, who being the President of the said Gram Panchayat, he demanded Rs.3,000.00 per head as a bribe, totally Rs.27,000.00 to disburse their ten months salary. It is stated that, all these employees of the panchayat were not interested to pay any bribe to the accused and therefore, they approached the Lokayukta Police and lodged a complaint, which was registered in Crime No.6/2015 and criminal law was set in motion.