M.L. GIRISH Vs. STATE AND ORS.

JUDGEMENT

(1.) Petitioner has filed this petition under Sec. 482 Cr.P.C. to quash the proceedings initiated against him in Spl.C.C. No. 154/2014 on the file of Prl. Sessions Judge & Special Judge, Bangalore Rural District.

(2.) One G. Venkatesh, an Advocate, R/o. Kalidasa Nagar, Doddaballapura filed a complaint before the Police Inspector, Karnataka Lokayukta police station, Bangalore Rural on 20.2.2014. In the complaint, it is alleged that in Doddaballapur Town police station, two cases were registered against him in Cr. No. 152/2013 and Cr. No. 20/2014 for the offence punishable under Sec. 363 of IPC. He obtained the stay order from this Court in both the cases. Though he is innocent and has not committed any offence, false complaints have been filed against him by the persons inimically disposed against him in order to harass him and to spoil his reputation. Therefore to close those cases, he approached accused No. 1 B. Paramesh the ASI of the Doddaballapur Town Police Station. The accused No. 1 -ASI demanded a sum of Rs. 1.00 lakh as bribe amount for himself and his superior officers. He came to the Lokayukta police station on 14.2.2014 and passed on the said information. He was given voice tape recorder and was asked to approach accused No. 1 in the police station and to discuss the matter once again and to record the conversation, if any, with regard to demand for bribe. Accordingly, on 19.2.2014, he approached the petitioner M.L. Girish - PSI of Doddaballapur Town police station in the High Court Premises at about 10.30 a.m. and discussed regarding the withdrawal of false cases filed against him. He assured him to close the cases filed against him and to help him in future and by pointing out to accused No. 1 ASI Paramesh, who was also present, he directed the complainant to talk to accused No. 1. On 20.2.2014, the complainant talked to accused No. 1 at about 7.20 a.m. over his mobile No. 9886876428. He was told by accused No. 1 that an amount of Rs. 20,000/ - to 25,000/ - has to be given to Girish -the petitioner and he asked him to bring that amount. The complainant recorded the said conversation in his mobile. He being an Advocate was not willing to get his work done by paying the bribe amount to a Public Servant. He lodged a complaint with a request to take action against accused No. 1 and petitioner -accused No. 2. He handed over amount of Rs. 25,000/ - to be given as bribe, voice recorder and the conversation recorded by him in his mobile. The complaint came to be registered in Cr. No. 5/2014 in Lokayukta police station, Bangalore Rural District, Bangalore, for the offences punishable under Ss. 7, 13(1)(d) r/w 13(2) of P.C. Act 1988. The Investigating Officer upon securing the panchas, drew up entrustment panchanama for having entrusted tainted currency notes to the complainant. He proceeded to Doddaballapur Town police station with complainant and witnesses and trapped accused No. 1 while demanding and accepting bribe amount of Rs. 25,000/ - from the complainant. A trap panchanama was drawn. Tainted currency notes were recovered from the possession of accused No. 1. During the course of investigation, Investigating Officer could not collect prima -facie evidence against this petitioner, who was arrayed as accused No. 2 and as such this petitioner was given up and charge -sheet came to be filed only against accused No. 1 for the offences punishable under Ss. 7, 13(1) (d) r/w Sec. 13(2) of Prevention of Corruption Act, 1988 in Spl.C.C. No. 154/2014 before the Sessions Judge and Special Judge, Bangalore Rural District.

(3.) The complainant was made known of the fact that accused No. 2 -petitioner was given up in the charge -sheet. The complainant filed a protest petition before the Special Judge. By order dated 10.2.2015, the Special Judge allowed the protest petition filed by the complainant on 24.11.2014 observing that the material already available on record is sufficient to proceed against the petitioner -accused No. 2. Therefore, to quash the order dated 10.2.2015 passed on protest petition and to quash the proceedings as against him in Spl. C.C. No. 154/2014, this petition is filed under Sec. 482 Cr.P.C. by the petitioner/accused No. 2.