STATE OF KARNATAKA Vs. RAMESH

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment of acquittal dtd. 9/4/2014 passed in Spl.C.No.3/2009 by the Principal District and Sessions Judge, Chikkaballapura for the offence punishable under Ss. 7, 13(1)(d), 8 read with Sec. 13(2) of Prevention of Corruption Act (for short ' PC Act ).

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the prosecution before the Trial Court that the complainant is the owner of the land bearing Sy.Nos.96/2B, 96/2A & 96/2A1 of Varlakunda village in Gudibande taluk, Chikkaballapura and he intend to sell the property and for which, he is in need of survey sketch pertaining to the said land. Therefore, he made an application to obtain the survey sketch before the Tahasildar office in the month of March 2008. Respondent No.1 who was working as SDA in the survey Sec. of Taluk Office was postponing to issue the survey sketch for one or the other reasons. In the month of June 2008, respondent No.1 demanded an amount of Rs.10,000.00 as bribe for the said work and after negotiation, the same was scale down to Rs.6,000.00. On 25/6/2008, the complainant talked to respondent No.1 over phone and requested to reduce the bribe and the same was reduced to Rs.6,000.00. As the complainant was not willing to pay the bribe to respondent No.1, he filed the complaint before the Lokayuktha police, Chikkaballapura. Thereafter, the Lokayuktha police have prepared for trap and secured the panch witnesses and shadow witnesses and complainant was entrusted the bribe amount and entrust mahazar was also conducted and thereafter proceeded to the office of the accused persons wherein accused No.1 demanded the money and accepted the money through accused No.2 and hence, trap mahazar was conducted and thereafter investigated the matter and filed the charge-sheet.