HANUMANTHARAYA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Accused in Special Case No. 119/2001, on the file of IV Addl. District and Sessions Court, Belagavi, has come up in this appeal challenging his conviction and sentencing him to undergo imprisonment and as well as payment of fine for the offence punishable under Sec. 7, 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988.

(2.) The brief facts leading to this appeal are that the appellant herein was working as village accountant in Akkol village of Chikodi taluk, Belagavi district, in the year 2000. During that period, P.W.2 -complainant by name Girish Narahari Kulkarni, approached him seeking rectification of mutation entry which was issued with reference to plot No. 248/D of Chikodi village measuring 6 1/4 gunta in wrongly showing the same as plot No. 248/5 measuring 9 1/4 guntas. Though an application was given on 19.9.2000, the same was not attended to immediately and the complainant P.W.2 was made to visit the office of accused everyday till 11.11.2000. Thereafter a demand was placed by the accused for illegal gratification of payment of Rs. 500/ - to do official work, which he was duty bound to carryout. Pursuant to the demand, the accused collected a sum of Rs. 300/ - from the complainant to carryout necessary correction to the mutation entry. Further intimated that the work will be completed within a few days, after the work is completed, another Rs. 200/ - which is balance bribe amount should be paid to him.

(3.) In this background, the complainant paid the initial bribe amount of Rs. 300/ -. Thereafter on 23.11.2000, he approached respondent Lokayukta Police with a complaint regarding demand made by the accused and also part payment collected for doing the official work. Based on the said complaint, which is at Ex. P.6, the Investigating Officer A.L. Desai -CW. 13 arranged for a trap. The Investigating Officer entrusted a sum of Rs. 200/ - to complainant in the form of two currency notes of Rs. 100/ - each. They were smeared with phenolphthalein powder, instructions were given to complainant that after payment, indication should be given to Investigating Officer by wiping his face with a hand kerchief.