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2015 Supreme(Kar) 1025

IN THE HIGH COURT OF KARNATAKA
C.R. Kumaraswamy, J.
Suresh Kumar – Appellant
Versus
State by Karnataka Lokayukta Police, Tumkur – Respondent
Criminal Appeal No. 975 of 2014
Decided On : 12-8-2015

Advocates Appeared:
For the Appellant :H. Pavana Chandra Shetty, Advocate.
For the Respondent: B. Pushpalatha, Special Public Prosecutor.

Headnote:PREVENTION OF CORRUPTION ACT, 1988 - Sections 7 & 20: [C.R. Kumaraswamy, J] Allegation that accused accepted bribe for change of Khata - Prosecution failed to establish demand and acceptance - Held, Recovery of money alone will not give raise to presumption in absence of proof. Accused is entitled to benefit of doubt.

       WORDS & PHRASES - ’Accept’: [C.R. Kumaraswamy, J] According to Shorter Oxford Dictionary ’accept’ means to take or receive with a ’consenting mind’. Obviously such a ’consent’ can be established not only by leading evidence of prior agreement but also from the circumstances surrounding the transaction itself without proof of such prior agreement. Obtain means to secure or gain (something) as the result of request or effort.

JUDGMENT :

C.R. Kumaraswamy, J.

1. This criminal appeal is filed under Section 374(2) of Criminal Procedure Code, 1973 by the Advocate for the appellant-accused 1 praying to set aside the order dated 27-9-2014 passed by the II Additional District and Sessions Judge, Tumkur in Spl. C. No. 124 of 2010 convicting the appellant-accused for the offence punishable under Sections 7 and 13(l)(d) read with Section 13(2) of Prevention of Corruption Act, 1988 and the appellant-accused is sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 5,000/- in default of payment of fine, 3 months rigorous imprisonment for the offence punishable under Section 7 read with Section 13(2) of Prevention of Corruption Act, 1988 and the appellant/accused is sentenced to undergo R.I. for a period of two years and to pay a fine of Rs. 5,000/- in default of payment of fine, 3 months R.I. for the offence punishable under Section 13(l)(d) read with 13(2) of Prevention of Corruption Act, 1988.

2. The case of the complainant in the Trial Court is as under:-

One Nagarajaiah S/o Mudalagiraiah presented a complaint before Lokayukta Police Inspector, Tumkur. Its contents discloses that he has purchased a land bearing Sy. No. Vz to the extent of 1.26 acres for a sum of Rs. 60,000/-. Sale deed was registered on 30-3-2007 before the Sub-Registrar Office, Kunigal Taluk. Then he approached the Taluk Office to change the katha into his name. One Suresh, Revenue Inspector, Huthridurga Hobli and Mahadevaiah, Village Accountant, Lingadevarapalya Village were making delay in effecting the katha transfer. Then they made him to wander several times, then he expressed his inconvenience to come frequently to the office and he requested the Revenue Inspector to change the katha. He demanded to pay Rs. 10,000/- by way of bribe, then he told that he has not brought money. On the next day itself, he met Village Accountant-Mahadevaiah. They calculated and told him that Rs. 20,000/- will incur. Then he bargained for that amount and then they agreed for Rs. 15,000/- and he said that he will arrange the money. Village Accountant-Mahadevaiah received Rs. 500/- and told him to bring certain documents. Since he was not willing to pay bribe amount, that on 7-3-2009, he went to Tumkur Lokayukta Police and narrated about the demand made by the Revenue Inspector and Village Accountant. Then Investigating Officer gave voice recorder to him and asked him to record the conversation. Then he went to office of the Revenue Inspector and met Village Accountant and recorded the conversation. He showed the documents and told them it is in order. Then they asked for money, he said that he has not brought money. He said that he intended to show the documents, therefore, he approached them. Then they said ok. Thereafter, they told him to come on Wednesday, otherwise they will not take further steps.

Its contents further discloses that on 11-3-2009 at about 11.30 a.m. he went to Tumkur Lokayutha Police and returned the voice recorder. In order to change the katha, they demanded a sum of Rs. 20,000/- then he bargained and fixed for Rs. 15,000/-. Hence, he presented the complaint to register a crime against Revenue Inspector-Suresh and Village Accountant-Mahadevaiah.

The Investigating Officer received the complaint on 11-3-2009 at 12.15 p.m. and registered the case in Crime No. 1 of 2009 for the offences punishable under Sections 7 and 13(l)(d) read with Section 13(2) of Prevention of Corruption Act.

3. The contents of the charge-sheet discloses that accused 1 is Suresh Kumar, S/o Ujjinappa, aged about 34 years, working as Revenue Inspector, Huthridurga Hobli, Kunigal Taluk. Accused 2 is Mahadevaiah S/o Madaiah, aged about 52 years, working as Village Accountant, Yalagavadi Circle, Huthridurga Hobli, Kunigal Taluk. C.W. 1 purchased the land bearing Sy. No. Vz measuring 1.26 acres, situated at Lingadevarapalya Village from C.W. 5-Narasimaiah and he registered the same. In o





































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