STATE OF KARNATAKA Vs. ANIL R. MUDAKAVI

JUDGEMENT

(1.) The State of Karnataka represented by Lokayuktha Police, preferred this appeal impugning the judgment dtd. 25/11/2014 passed in Spl.C.No.31/2006 on the file of learned III Additional District & Sessions Judge & Special Court to try the Cases Relating to Prevention of Corruption Act, D.K, Mangalore, acquitting the respondent - accused for the offence punishable under Ss. 7, 13 (1)(d) read with Sec. 13 (2) of Prevention of Corruption Act (for short 'the PC Act')

(2.) For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.

(3.) Brief facts of the case are that, PW-1 as informant lodged the first information with Lokayuktha police, Mangalore, against respondent-accused, contending that he is in possession and enjoyment of Sy.No.233/1A1B2 of Puttur, which is a Government land and that a portion of it was granted to him under Akrama-Sakrama Scheme in the year 1991-1992. He applied for mutation of his name and therefore, it was referred to the accused, who was the surveyor, who was suppose to visit the property, to survey the same and to file the report. Accordingly, the accused visited the land and surveyed it on 17/8/2005. He asked the complainant to come to his office after a week. When the complainant met the accused on 29/8/2005 to obtain the sketch, the accused demanded illegal gratification of Rs.1,500.00. Since the complainant was not interested in paying the bribe amount, he informed this fact to Lokayutha Police. Lokayuktha police provided him with the voice recorder with an instruction to meet the accused and to record the conversation between the two. Accordingly, he went and met the accused. The accused again demanded the bribe amount which was scaled down to Rs.1,000.00. Therefore, the complainant filed the first information against the accused requesting to initiate legal action.