SAMPATH RAO S. BOMMANNAVAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Accused No.1 who suffered an Order of conviction for the offences punishable under Ss. 7, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 in Spl. Case No.70/2007 dtd. 2/12/2011 on the file of the III Addl. Sessions and Special Judge, Mysuru, has preferred the present Criminal Appeal questioning the validity of the said judgment.

(2.) Facts of the case in brief which are utmost necessary for disposal of the present appeal are as under: Appellant/accused No.1 was working as Commercial Tax Officer in Commercial Tax Office, Mysuru. Accused No.2 by name Smt.H.S.Kanthi was the typist in the very same office. Complainant-Sri. Ganesh Shetty was working as an accountant in Lakshmi Control System situated at Hootagalli Industrial Area, Mysuru. Said Ganesh Shetty had been to the office of the appellant to receive Form No.37 on behalf of Lakshmi Control System being the duly authorized by the owner thereof and submitted the requisition for issue of Form No.37.

(3.) On 16/7/2006 when complainant visited the appellant with a request to issue Form No.37, appellant said to have demanded a sum of Rs.3,000.00 of which a sum of Rs.2,000.00 is his share, balance sum of Rs.300.00 to be paid to accused No.2 and Rs.600.00 to be paid to the Inspector and remaining balance of Rs.100.00 to the attendar of the office. Complainant came back without Form No.37 and intimated the demand made by the appellant to his Boss.