MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the FIR against the petitioner/accused in Crime No.1/2024, registered by Karnataka Lokayukta Police, Bidar, for the offence punishable under Sec. 7(a) of Prevention of Corruption Act, 1988 (Amendment 2018), (for short "the P.C. Act."), pending on the file of Prl. District and Sessions Judge, Bidar.

(2.) The abridged facts of the case are, respondent No.2-Vidyadhar was working as a driver-cum-conductor at Basavakalyana Unit. On 11/6/2023 in duty hours, while he was proceeding from Basavakalyana to Bengaluru, after crossing Shahapur near Huttigudur, the officials checked the tickets and found a passenger traveling without holding ticket. As such, a memo was issued to respondent No.2. Later, he was suspended by the Divisional Controller, KKRTC, Bidar. However, respondent No.2 was reinstated after initiating the case against the suspension order and he was deputed to Humnabad Unit.

(3.) During the Departmental Enquiry, the Divisional Controller issued notice to respondent No.2 on 17/1/2024. Accordingly, he approached the Divisional Controller on 30/1/2024 by giving reply and at that time, the petitioner- Manjunath, being SDA, informed respondent No.2 that in order to close two cases against him, he would persuade the Divisional Controller and for the same, respondent No.2 has to pay illegal gratification to the Divisional Controller. Accordingly, he informed respondent No.2 to meet him on the next day. Agreeing for the same, respondent No.2 left the office. Since, respondent No.2 was unable to pay the said illegal gratification, approached respondent No.1-Police and gave information. As per the direction of respondent No.1-Police along with voice recorder, he approached the office of Divisional Controller, KKRTC, Bidar and at that time, the petitioner came and demanded Rs.20,000.00 for each case, however, respondent No.2 requested to reduce the amount, for which petitioner assured him that he would consider the same after discussing with Divisional Controller and finally, it was fixed for Rs.35,000.00 for both the cases. Hence, respondent No.2 lodged a complaint before respondent No.1-Police on 5/2/2024 along with the voice recorder and the same came to be registered in Crime No.5/2020 for the aforementioned offence.