RANGANATH Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is arrayed as accused No.1 in Special C.C.No.38/2012 pending on the file of the Principal District and Sessions Judge, Bidar (Lokayukta case) aggrieved by the order passed by the learned Special Judge Vide order dated 25.08.2014 in refusing to discharge the petitioner of the charges levelled against him is before this Court.

(2.) It is not in dispute that at the relevant point of time the petitioner was working as a Licensed Surveyor and one Mr.Nagesh was working as a Computer operator in the office of the Tahsildar at Basavakalyan in Gulbarga District.

(3.) The brief factual matrix that emanate from the records are that, a person by name Basavaraj S/o Channabasayya lodged a complaint on 10.08.2010 making allegations that his brother-inlaw by name Asttik S/o Mallayya is a Mechanic residing at Aurangabad. There is a land bearing Sy.No.52/A belonged to the father of Asttik by name Mallayya and after the death of the said Mallayya, the said Asttik wanted to get his name mutated in the revenue records pertaining to the said land. In fact, he entrusted the said work to the complainant and in that context he went to the office of the Tahsildar at Basavakalyan, and submitted an application along with necessary fee. Thereafter, in this context he went to the computer section of the said office and came to know that the file is with one Mr.Ranganath, Surveyor who is the petitioner herein. It is alleged that the petitioner told the complainant that the land has already been measured and as the complainant did not appear in time, the complainant has to make necessary application again with fee for the purpose of survey and for acceptance of the mutation etc. When the complainant asked why he has to pay the fee again then it is alleged that this petitioner has demanded a sum of Rs.1,300/- by way of bribe assuring him that within one week he will get the work done. It is further alleged that on the same day an amount of Rs.7,00/- was paid to him and accepted to pay the remaining amount of Rs.500/- later the petitioner told the complainant that as soon as he pays the remaining amount of Rs.500/- he would get the work done.