BASAVARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is preferred by appellant-accused being aggrieved by the judgment and order dated 13.1.2010 passed by the Special Judge and III Addl. District and Sessions Judge at Mysore in Spl.Case No.101/2002 convicting the appellant for the offences punishable under Sections 7, 13(1)(d) r/w Section 13(2) of the Prevention of the Corruption Act.

(2.) The facts leading to filing of the criminal case are that, P.W.1 one Vrushavendra.P has lodged the complaint dated 30.9.2000 to the Police Inspector, Lokayuktha police station, Mysore alleging that he is residing in the address mentioned in the complaint along with his mother Chinnathayamma and elder sister Sundaramma. The house in which they are staying was of the ownership of one Deveeramma, the maternal grand mother of the complainant. As Deveeramma expired about five years back and mother of the complainant namely Chinnathayamma is the only daughter, the khata of the house bearing No.45 was to be changed in the name of the mother of the complainant. As such, the complainant filed an application to the Secretary of Sinduvalli Gram Panchayath Sri.Basavaraju, the appellant-accused herein requesting him to change the khata. In spite of expiry of one moth after submitting the said application the appellant-accused has not taken any action and again on 23.8.2000, the complainant filed another application and one week after the second application dated 23.8.2000 the secretary of the said Gram Panchayath came to the house of the complainant along with the village Accountant and conducted the mahazar. Thereafter also, the complainant approached the Secretary and asked about the change of khata from the name of his grand mother to the name of his mother for which, the appellant-accused demanded Rs.500/- as bribe amount and when complainant told that it is not possible to pay that much money and requested to reduce the same, the secretary asked to pay Rs.350/- otherwise it is not possible to change khata. The complainant asked the accused when he has to pay the money for which, accused asked him to bring it on Saturday morning i.e., on 30.9.2000 at 11.00 a.m. and then he will do the work of the complainant. As the complainant was not interested to pay the bribe amount and to get the khata changed and as the mother of the complainant was suffering from old age and was not having the knowledge with regard to the said transaction on her behalf, he filed the complaint and requested the Police Inspector, Lokayuktha police to take action against the said Secretary i..e, the accused for demanding bribe amount of Rs.350/-. On the basis of the said complaint Ex.P1, Lokayuktha police have registered the case in their Crime No.8/2000 for the offences punishable under Sections 7, 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act and submitted the FIR to the concerned Special Court as per Ex.P5.

(3.) After conducting and completion of investigation the Investigating Officer filed the charge sheet against the appellantaccused for the said offences and thereafter, accused was heard in the matter and charges were framed. As the accused pleaded not guilty, the Special Judge posted the matter for conducting the trial.