RAGHAVENDRA T.C., Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner/accused No.2 is knocking at the doors of this Court calling in question proceedings in Spl.C.C.No.2647 of 2022 registered for offences punishable under Ss. 120B and 201 of the IPC and under Sec. 7 of the Prevention of Corruption Act, 1988 (' PC Act ' for short).

(2.) Facts in brief, germane, are as follows:

(3.) The complaint was regarding demand of illegal gratification by accused Nos.1 and 2 threatening that they would not only proceed against the accused in the aforesaid crime, but would also proceed against several others. The commander of the RPF then issues summons to the Managing Director of the hospital to appear before him. It is on all these circumstances, the Managing Director records the conversation that happens between him, the accused No.1 and the petitioner. It is this recording that depicts demand of bribe of Rs.1.5 lakhs along with fine of Rs.25,000.00. The recording then is handed over to the CBI by way of a complaint on 2/3/2002. The complaint then becomes a crime in R.C.04(A)/2022, lodged by the Anti-Corruption Bureau for offences punishable under Sec. 7 of the PC Act and Ss. 120B and 201 of the IPC. The police conduct investigation and file a charge sheet for the afore-quoted offences. The allegations in the charge sheet was that the petitioner and accused No.1 demanded and accepted the bribe amount of Rs.1.00 lakh from Manjunath, the Maintenance Manager of Athreya Hospital. After the filing of the charge sheet, the Court of Sessions for the CBI cases, takes cognizance for the afore-quoted offences against accused No.1 and petitioner/accused No.2 and registers Spl.C.C.2647 of 2022. Taking of cognizance and issuance of summons has driven the petitioner to this Court in the subject petition.