ASHOK GANAPATI KOTLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants have prayed for quashing of the First Information Report ("F.I.R.", for short) on the basis of which Crime No. 28 of 2015 has been registered against them in Bhagyanagar Police Station, Nanded for the offences punishable under Sections 7, 12 and 15 of the Prevention of Corruption Act, 1988 ("P.C. Act", for short).

(2.) It is alleged that one Ganpati Mohite and others, who were relatives of the complainant viz:- Nandkumar Dakhore, were connected with Crime No. 29 of 2015 for the offences punishable under Sections 326, 323, 504, 506, 34 of the Indian Penal Code ("I.P.C.", for short) registered in Police Station, Chudawa, Sub-Division Purna. The offence punishable under Sec. 307 came to be added therein subsequently. They were apprehending their arrest in connection with that crime. Investigation into that crime was assigned to the present applicant No. 1 i.e. A.P.I. - Kolte. Applicant No. 2, being Police Head Constable, had recorded the supplementary statement of the informant in that crime, on the basis of which offence punishable under Sec. 307 of the I.P.C. came to be added and as such, he also was assisting applicant No. 1 in investigating the crime.

(3.) Nandkumar Dakhore complained with the office of Anti Corruption Bureau, Nanded ("A.C.B.", for short) on 24.09.2015, alleging inter-alia that the application for pre-arrest bail filed by one of the accused in Crime No. 29 of 2015 namely, Ganpati Wamanrao Mohite was rejected by the Court and that the present applicants contacted him (i.e.Nandkumar Dakhore) and demanded bribe of Rs. 50,000.00 for avoiding arrest of Ganpati Mohite and for giving a reply favourable to him in the High Court in the application for pre-arrest bail. The complainant Nandkumar Dakhore had no inclination to pay the bribe amount to the applicants, however, he showed his willingness to pay them under the belief that if the bribe is not paid, the applicants would arrest Ganpati Mohite and would not extend any help to him. On receiving that complaint, the informant namely, Ganpat Ahire, Police Inspector, A.C.B., Nanded arranged for laying a trap. However, prior to going to lay the trap, he decided to verify the demand of bribe from the applicants. Accordingly, on 24.09.2015 at about 3.27 p.m., the complainant Nandkumar Dakhore called applicant No. 2 on the Mobile phone, on which both the applicants had talks with the complainant Nandkumar Dakhore and asked him to meet at Nanded Near Taroda Naka, which place was subsequently changed to Chhatrapati Chowk, Purna Road, Nanded and then, to the Western Gate of Pawde Petrol Pump, near Wamanrao Pawde Mangal Karyalaya, Purna Road, Nanded. Accordingly, the complainant Nandkumar Dakhore met them. At that time, both of them demanded the amount of Rs. 50,000.00 from him for avoiding arrest of Ganpati Mohite and to extend him help in getting the relief of pre-arrest bail from the High Court by filing a reply in his favour. After negotiations, the said amount was reduced to Rs. 40,000.00. The complainant Nandkumar Dakhore assured them to arrange for that amount and accordingly, the applicants as well as the complainant left that place. A panchnama in respect of verification of the demand of bribe by the applicants came to be prepared on 24.09.2015.