STATE OF KARNATAKA Vs. S.K. SHAMBAPPA

JUDGEMENT

(1.) This appeal filed by the State of Karnataka is against the judgment dated 13 -2 -2001 passed in Spl. C.C. No. 51 of 1999 by the Special Judge, Bengaluru Urban and Rural Districts, Bengaluru, acquitting the accused of the offences under Sections 7 and 13(1)(d), punishable under Sec. 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the Act').

(2.) The fact of the matter is that the respondent was working as a First Division Assistant in the Office of the Superintendent of Police, Railways, Bengaluru. On 10 -12 -1997, it is alleged that the respondent demanded a bribe of Rs.250/ -, from Yogesh -P.W. 1, for the purpose of forwarding an application of his brother T. Mohana Gowda, concerning appointment for a job on compassionate ground i.e., on account of the death of their father Thimmegowda, who was working as a Head Constable at Shivamogga Railway Police Station and expired on 14 -2 -1997. It was alleged by P.W. 1, that the respondent demanded and accepted bribe amount of Rs.50/ - and asked him to pay the balance amount, in the afternoon of the same day. Yogesh, not willing to pay the amount, lodged a complaint -Ex. P. 1, before the Lokayukta Police. S.P. Nayak -P.W. 6 received the complaint and endorsed the same to P.W. 7, to register the case. B.P. Heraaje -P.W. 7 registered the case in Crime No. 45 of 1997 and dispatched the FIR -Ex. P. 11. By issuing the requisitions, as per Exs. P. 12 and P. 13, B. Rudrappa -P.W. 2 and T. Murthappa -P.W. 4 were secured. P.W. 1 having produced the two currency notes, the trap was arranged and Yogesh was handed over with the bait money/currency notes, smeared with phenolphthalein powder. Entrustment mahazar -Ex. P. 2 was prepared in the presence of Sri P. Murthappa -P.W. 4. B. Rudrappa -P.W. 2 was asked to accompany the complainant and be the shadow witness. B.P. Heraaje -P.W. 7, undertook the investigation. It is alleged that, on the afternoon of 10 -12 -1997, P.Ws. 1 and 2 approached the respondent, who demanded and accepted the tainted currency notes and that P.W. 7 and his team rushed to the spot and recovered the tainted currency notes (M.O. 6) and (M.O. 7) from the respondent. A.L. Desai -P.W. 8, continued and completed the investigation and filed charge -sheet, after obtaining the sanction for prosecution (Ex. P. 9) from M. Lakshman -P.W. 3.

(3.) Cognizance of the offence was taken and summons was issued. The accused appeared and denied the allegations. Charge was framed for the offences punishable under Sections 7 and 13(l)(d) read with Sec. 13(2) of the Act. The charge was denied by the accused. During trial, the prosecution examined 8 witnesses, as P.Ws. 1 to 8 and marked 16 documents, as Exs. P. 1 to P. 16 and 12 Material Objects, as M.Os. 1 to 12. During the questioning under Sec. 313 of Criminal Procedure Code, 1973 the accused denied the incriminating circumstances put to him, as appearing in the statements made by the prosecution witnesses. The accused filed a written statement.