HULIYURUDURGA NANJAPPA SURESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present criminal revision case is filed by the petitioner/accused No.1 under Ss. 397 and 401 of Cr.P.C., aggrieved by the order dtd. 12/1/2022 in Crl.MP No.266 of 2020 in CC No.5 of 2012 passed by the learned III Additional Special Judge for CBI Cases, Hyderabad wherein the prayer of the petitioner under Sec. 239 of Cr.P.C., seeking to discharge him from the offences punishable under Ss. 120-B read with Sec. 7 and Sec. 13 (2) read with Sec. 13(1)(d) of Prevention of Corruption Act, 1988 was rejected.

(2.) Heard Sri KRKV Prasad, learned counsel for the petitioner and Sri T.Srujan Kumar Reddy, learned Special Public Prosecutor for the respondent/CBI.

(3.) The brief averments of the case of the prosecution against the petitioner herein are that the petitioner while working as a Professor at the Military College of Electronics and Mechanical Engineering (MCEME), was implicated in a case arising out of a trap allegedly laid on 4/3/2010 by Col.Akash Popli, Head of the Department of Mechanical Engineering, acting upon a complaint by one Major Jasbir Singh Guman. The allegation made against the petitioner is that he demanded an illegal gratification of Rs.2,00,000.00 from the de-facto complainant/Major Jasbir Singh Guman to pass him in the subject of Mechanical Vibration and in that process, the petitioner advised him to pay the amount to his conduit/A2. Subsequently, the said amount was reduced to Rs.60,000.00. Having not willing to pay such amount, the de-facto complainant complained the same to Col.Akash Popli on 4/3/2010. On 4/3/2010 a sum of Rs.45,000.00 was recovered from one Shri Modhugu Srinivas at Lal Bazar, Secunderabad, allegedly received on behalf of the petitioner. Col.Popli forwarded an Occurrence Report dtd. 5/3/2010 to the Superintendent of Police, CBI, Hyderabad, resulting in registration of FIR No.R.C.6(A)/2010 dtd. 5/3/2010 under Sec. 7 of the Prevention of Corruption Act, 1988, arraying the petitioner as accused No.1. The petitioner was arrested on 10/3/2010 and later he was enlarged on bail.