This appeal is preferred by the State being aggrieved by and challenging the legality and correctness of the judgment, dated 30th day of June 2016, passed in Spl. KLA. C.C. No.4/2015, by the III Additional District and Sessions Judge (Special Judge for Lokayukta & CBI Cases), Dharwad.

2. Brief facts of the prosecution case are that on 20.06.2014, the complainant/PI, Lokayukta Police, received a credible information that the accused, who was working as an Assistant Executive Engineer, ESI Hospital, had collected the bribe amount from the contractor and he was proceeding towards Hubli Office and then to Davangere. Therefore, the complainant got registered the complaint on behalf of the State and submitted the FIR to the Court. He obtained a search warrant against the accused. He secured two panch witnesses. The complainant furnished the copies of the complaint to the panch witnesses. After reading over the complaint allegations both the panch witnesses agreed to act as panch witnesses. Therefore, the complainant/IO formed a team to tap the accused. Accordingly, the trap team went in two vehicles to the office of the accused situated at Hubli. They notice that key was put to