S P YELLAPPA GOWDER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is directed against the order dt. 7-4-1976 passed by the Special Judge, Bangalore in CC.11 of 1974 overruling the preliminary objections raised by the petitioner in the interlocutory application filed on 13-2-1976 and another application filed on 1-4-1976. The petitioner is A-2 in the said case. One Dastagirsahab is A-l therein. They will be referred to as A-1 and A-2 in the course of this order.

(2.) The facts necessary for consideration of the contentions raised in this petition may be briefly narrated as follows : The Special Police Establishment, CBI, Bangalore, filed a charge sheet dt.21-8-1975 before the Special Judge, Bangalore, alleging the offences punishable under S.120B read with S.161 IPC and S.5(2) read with Section 5 (1) (d) of the Prevention of Corruption Act, 1947 (hereinafter referred to as the 'Act') and the offences punishable under S.161 IPC and S.5(2) read with S.5.(1) (d) of the Act. The allegations in the relevant column of the charge-sheet, are as follows: That during February-March 1974, A-1 was working as Inspector of Central Excise, MOR, Gadag and A-2 was working as 'Superintendent; Central Excise, MOR, Gadag. They entered into a criminal conspiracy to commit the offence of criminal misconduct as defined under the provisions of the Act by raiding the premises of Totappa Siddalingappa, Melageri, a tobacco licensee, in Gadag on the pretext of detecting certain irregularities and demand and accept illegal gratification as motive or reward for not taking any action against the said licensee for the so called irregularities. On 15-2-1974 they along with other staff raided the premises of the said licensee at Gadag and estimated shortage at 60 Kgs of tobacco without actually weighing the tobacco stock in the premises A-1 demanded illegal gratification of Rs.500 from the licensee as a motive or reward for helping him and finally accepted illegal gratification of Rs.200 on 8-3-1974 at about 10-15 a.m. in the house of the licensee. A-2 fabricated the letter bearing DC.549/74 showing the date as 6-3-1974, chough he fabricated it on or after 9-3-1974, addressed to A-l directing him to effect recovery of a sum of Rs.500 from the licensee as per the adjudication order dt.20-9-1973 passed by the Asst Collector of Central Excise, IDO, Hubli, with a view to screen A-1 knowing that it may appear in evidence in a judicial proceeding.

(3.) On 22-8-1975, the learned Special Judge passed the following order :