LAKSHMINARAYANA A S Vs. STATE BY LOKHAYUKTHA POLICE

JUDGEMENT

(1.) Petitioner herein lodged a complaint before the Karnataka Lokayuktha Police, Chickaballapura, alleging that respondent Nos.2 to 4 herein demanded illegal gratification of Rs.1,50,000/- for relaxation of the age limit of the complainant to secure his employment in Education Department as School Teacher.

(2.) Based on the said complaint, a trap was arranged and accused No.1 was caught red-handed while receiving part of the bribe amount of Rs.10,000/- on 27.02.2008. Trap panchanama was prepared. Respondent No.2/accused No.1 was arrested and was produced before the Court and was enlarged on bail. During the course of investigation, the relevant documents in proof of the charges were collected. However, during investigation, Investigating Officer recorded the statement of shadow witness on 22.07.2009, wherein, the shadow witness retracted from his earlier statement and asserted that the alleged bribe money was not demanded by accused No.1, instead the complainant himself kept the bundle of currency notes on the table of accused No.1 and when accused No.1 pushed the said currency notes, there was altercation between the complainant and accused No.1. Based on this statement, the Investigating Officer submitted a 'B' summary report before the court.

(3.) The petitioner herein filed his protest petition. However, he failed to let in his sworn statement and did not examine any witness on his behalf. Hence, considering the 'B' report, by the impugned order dated 19.08.2013, the Principal District and Sessions Judge, Chickballapur, accepted the 'B' report and consequently, dismissed the complaint lodged by the petitioner and directed the Lokayuktha Police to refund Rs.10,000/- to the complainant.