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2010 Supreme(Kar) 645

SUBHASH B.ADI
State of Karnataka – Appellant
Versus
M. Gopalakrishnaiah – Respondent


Advocates appeared:
For the Petitioners:S.G. Rajendra Reddy, Advocate. For the Respondent:M. Rudraiah, C.G. Sundar, Advocates.

JUDGMENT :-

Subash B. Adi, J: This appeal is by the State by Lokayukha Police against the acquittal judgment in Special C.C.No.84/1997 dated 26th September, 2001.

2. Lokayuktha Police charge sheeted the accused Nos.1 to 3 for an offence punishable under sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short referred to as ‘the Act’).

3. Case of the prosecution is that, complainant- PW-3 is an Advocate, CW-4 one Rukminiyamma was his client. He knew the accused. CW-4 had applied for change of khata before the Bangalore Mahanagarapalike in respect of property bearing old No.101, new no.19, 3rd Cross, Maruthi Extension, Srirampuram, Bangalore. Though said application was filed on 28.12.1994, till February 1996, no action had been taken. It is in this regard, PW-3 on behalf of CW-4 went to the office of accused No.1 on 22.2.1996, however, accused No.1 pretended that they want the earlier application dated 28.12.1994. On 7.3.1996, PW-3 gave three more applications to accused No.1. All the three applications are in relation to property of CW-4. Applications were filed by CW-4. V.Rangarajulu Naidu and other by Sunderrajulu Naidu. Since 7.3.1996, the

























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