PRAMOD EKNATH KINDALKAR Vs. KARNATAKA LOKAYUKTA POLICE STATION

JUDGEMENT

(1.) This is a petition filed by the petitioner/accused under section 482 of the Code of Criminal Procedure, 1973 praying this Court to quash the FIR, dated 31.07.2014, registered by the respondent-Lokayukta for the offences punishable under sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act', for short).

(2.) Brief facts of the prosecution case, as per the complaint averments, are that one T. Nagesh Shetty, Dy. Superintendent of Police, Karnataka Lokayukta, Karwar, filed a requisition dated 31.07.2014, addressing it to the Court of Special Judge and Sessions Judge, Uttara Kannada District, Karwar, wherein he has alleged that, in the Uttara Kannada District, Karwar City Municipal Corporation, corrupt practice is going on and the complainant has received information in that regard. In the said requisition, the Dy.S.P has mentioned that in view of the said information, he wanted to conduct a raid on the said office, verify the documents and take appropriate action in the matter.

(3.) On the basis of the said requisition/complaint, FIR came to be registered in Crime No.6/2014 of Karnataka Lokayukta Police Station, Karwar, for the offence under Sections 7 and 13(1)(d) of the PC Act. Panchanama was drawn on 31.07.2014, to which one Sunil Harishchandra Tandel, a resident of Karwar, and one Girish Purushottam Sail, are the panch witnesses. In the body of the said panchanama, it is mentioned that on 31.07.2014, as per the request made by the Police Inspector, Karnataka Lokayukta, their higher officers sent them to act as panch witnesses in the lokayukta case and to co-operate with the police. Accordingly, the panch witnesses appeared before the police officer viz., Sri. Kirankumar Naik, and they agreed to act as panch witnesses in the said case. Then, the complainant, Sri T.Nagesh Shetty, read over the contents of the said complaint to the panch witnesses and they understood the contents of the complaint with regard to the corrupt practice going on in the office of the City Municipal Corporation, Karwar, and they were informed that the police officer wanted to conduct a raid on the said office. Panch witnesses were shown the search warrant obtained from the Court. Thereafter, the panch witnesses, the Police Inspector, staff of the police, a stenographer by name Smt. Kavita Kamble and a women HC by name Smt. Shobha Naika, all went in a government vehicle and came nearby the office of the City Municipal Corporation and stopped their vehicle. The Police Officer, along with the panchas and other staff, entered in the office and each of the police staff were assigned to keep a watch on the office rooms of the officials of the CMC, and the police staff were instructed that the official of the said office rooms not be permitted to go out. The Commissioner of the CMC and other staff, who participated in the meeting were also secured. Then the Police Inspector, along with panchas and other staff entered into the office of the Commissioner and introduced to the Commissioner, shown the search warrant obtained from the Court, thereafter obtained the signature of the said Commissioner on the warrant and so also the signature of the panch witnesses. Then the Police Inspector informed one Sri. Mohanraju K.M., Commissioner of the Corporation that there is a complaint about the corrupt practice in the said office and asked him to produce the cash declaration book, for which the Commissioner informed that no such register was maintained in their officer. At about 13.10 hours, the room of the Commissioner, located on the southern side of the building, was verified wherein there were table and chair in the said room and the drawer of the table were checked and when the Commissioner was personally checked, he was having Rs. 780/- and as it was stated that the said amount belonged to him personally it was left with him. Thereafter they went to room of the Accounts Superintendent, which was by the side of the store room, where one Sri M.R. Naik was working as an Accounts Superintendent and he was present there, and when the drawers of the table in the said room was checked, there were no files or the applications which were barred by time and when his table drawer and personal search was conducted, it was found that Sri M.R.Naik was having Rs. 570/- and as it was his personal money the same was left with him. Then they went towards the tables where the staff of the said office were seated and when inspected, including the manager by name Smt. Surekha Parsekar, there were 8 staff members who were present. Though their tables were verified no files or the applications which were barred by time were pending. Then they went to the room of the Health Inspector and staff which was on the southern side of the building in the 3rd room wherein Health Inspector by name Sri Mahammed Yakoob was sitting, his table was also checked and nothing was found and when he was personally searched, he was having Rs. 250/- in his purse and, as it was his personal money, it was left with him. In the first room of the said building, a SDA by name Sri S. Ravi was present there and he was collecting the business/commercial licence fee and fee with regarding to cleaning of septic tank and he was having the bills for Rs. 6,280/- and same amount was also collected and it was with him, and except that nothing was found with him and in the same room, one Smt. Sarojini Naika, SDA, Birth and Death Division, was working there. Then in the second room of the building a SDA by name Vinod P.Naika and worker of said Corporation one Shri Prakash Shetty was present. Their tables and drawers were also checked, but nothing was found. Even during the personal search of them nothing was found. Then they went to the office of the Revenue Office and Revenue Inspector, where, Shri Pramod Ekanth Kindalkar i.e., the petitioner herein, was present and when his table and the drawer and so also the Godrej Almiriah were checked, no time barred files or applications were found there. Then, a personal search of the petitioner was conducted and in the purse, which he had kept in his pocket, 11 notes each of Rs. 1,000/- denomination were found. When the Police Inspector enquired with the petitioner about the said money, the petitioner informed the Police Inspector that he always used to keep such amount of money in his purse and when the Police Inspector questioned him from where he got the said money, he did not give proper answer. Petitioner was also asked by the police that if he was having any document for the same, he could produce it. For that, the petitioner told that he was not having any documents. Therefore, the police confirmed that the said amount was collected by the petitioner from the public by exercising his power through corrupt practice. The police inspector seized that amount in the presence of the panch witnesses. The amount was put into a cover and seal was put containing the letter 'A' and it was taken into custody of the police. When the petitioner was asked to give his explanation with regard to the amount of Rs. 11,000/-, he gave his explanation in writing. He has stated in his explanation that when the Lokayukta Police visited the office and verified the files, tables and drawers, he was having Rs. 1,000/ - in his purse and he also used to keep an amount of Rs. 5,000/- to Rs. 10,000/ - for emergency purpose; that on 15.05.2014, he had withdrew Rs. 50,000/- from Syndicate Bank, Karwar; he kept the amount in the house and out of Rs. 50,000/ -, only Rs. 10,000/- was taken and kept in his pocket and that there is no other amount. Hence, it is mentioned that the present petitioner being a Revenue Officer in the CMC, Karwar, without having any document, he was having an amount of Rs. 11,000/- and it was confirmed that the said amount was collected from the public by way of corrupt practice. Hence, the case was initiated against the present petitioner for the said offences.