YALLAPPA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE present petition is filed seeking quashing of the entire proceedings in Special Case No. 7/2013 pending on the file of the Principal Sessions Judge at Raichur, for the offences punishable under Sections 7, 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) THE records discloses that on the complaint lodged by one Hanumappa S/o Rayappa Pujari, the Lokayukta police have registered a case against the petitioner for the above said offences in Crime No. 13/2011 and laid trap against the petitioner. There is specific allegation in the complaint that petitioner has demanded a sum of Rs. 5,000/ - for the purpose of filing 'B' final report so far as the son of the complainant is concerned in connection with Crime No. 211/2011 registered by Lingasugur police for the offences punishable under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. In this context, it is alleged that petitioner has demanded the said amount over phone and conversation was also recorded with regard to the demand of the said money. However, the records show that trap has been failed. But on the basis that there was demand for bribe, charge sheet has been filed for the above said offences.

(3.) THE learned counsel also contended that even for the purpose of investigating the matter, sanction is absolute requirement.