CENTRAL BUREAU OF INVESTIGATION Vs. C H WADIGERI

JUDGEMENT

(1.) THIS revision by the CBI represented by the superintendent of Police, Bangalore, is directed against the order passed by the XXI Add1. City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore, in Spl. CC No. 184/2001 dated 20-8-2004 discharging the respondents-accused for the offences under Sections 7 and 13 (2) read with section 13 (1) (d) of Prevention of Corruption Act, 1988.

(2.) THE facts relevant for the purpose of this revision are as under : one Sri Jayaramaiah. s/o. late Dodde gowda, a resident of Bilagumba Village, ramanagara Taluk, Bangalore, submitted a written complaint to the Inspector of Police, cbi, Ganganagar, Bangalore, on 29-1-2001 alleging that the first accused - the Assistant Superintendent of Post Offices, channapatna Division, is harassing the complainant for bribe in connection with the transfer and posting of Smt. R. Jayamma, the wife of the complainant, who was working as branch Post Master at K. P. Doddi since 1999. It is said that the Accused No. 1 on 24-1-2001 demanded Rs. 20,000/- as bribe for showing official favour in the matter of transfer and posting of Smt. Jayamma working as the branch Post Master at R. P. Doddi Post Office and that the Accused no. 1 informed that he is visiting the Kutugal Post Office on 30-1-2001 and asked him to meet in the Post Office with some amount and that he will also discuss the matter with the Accused No. 2. The complainant had no mind to pay any money to the accused and in case, if the amount demanded is not paid, there is possibility of harassment to his wife and having adjusted an amount of Rs. 5,000/-, approached the CBI Police with these allegations and submitted his written complaint for taking action against the accused in accordance with law. The allegations in the complaint were verified by the Inspector of Police, CBI and an immediate action to lay the trap was taken and the accused were caught red handed for having accepted the bribe amount of Rs. 3,000. /- during the trap on 30-1-2001. As regards the demand of bribe, the conversation between the accused and the complainant was recorded and a recovery mahazar was drawn. As there was a demand for bribe and its acceptance, the first information report was prepared on 21-3-2001 and sent to the concerned. The CBI also obtained the consent of the State of karnataka vide notification No. HD 15 PCR 2001 dated 17-3-2001 as required under Section 6 of Delhi Special police Establishment act, 1946 (hereinafter called as the 'dspe act' ). So also, it obtained the sanction orders and the permission required for prosecution and submitted the charge-sheet against the accused on 28-9-2001, as required under Section 173, Cr. P. C.

(3.) THE accused appeared and the learned judge heard about the framing of charge and passed the impugned order discharging the accused. Aggrieved by which, the CBI has approached this Court in revision.