Proof of demand and acceptance of bribe is essential under the Prevention of Corruption Act; absence of such evidence warrants quashing of FIR.

ORDER :

The petitioner is before this Court calling in question registration of crime in Crime No.13 of 2023 for offences punishable under Sections 7(a) & (b), 7A, 8, 9 and 10 of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the Act’ for short).

2. Facts, in brief, adumbrated are as follows:-

The petitioner is a representative of the public having begun his career as a Member of the Zilla Panchayath in the year 1999 and at the relevant point in time was a Member of the Legislative Assembly of the State of Karnataka. Before embarking upon consideration of the issue in the lis, the accused in the crime and relationship with certain others is required to be noticed. Accused No.1 is the petitioner/Chairman of the Karnataka Soaps and Detergents Limited (‘KSDL’ for short), a Government of Karnataka undertaking. Accused No.2 is Prashanth Madal son of accused No.1 who is working as a Financial Adviser and Chief Accounts Officer at the Bengaluru Water Supply and Sewerage Board (‘the Board’ for short). Accused Nos.3 to 6 are employees of one Chemixil Corporation Limited.

3. A complaint comes to be registered on 02-03-2023 alleging that accused No.2 has demanded and accepted bribe for clearing bills or directing the tender to be in a particular manner. One of the tenderers was the complainant. This complaint then becomes a crime in Crime No.13 of 2023 for the aforesaid offences. Registration of crime is what has driven the petitioner to this Court in the subject petition.

4. Heard Sri Prabhuling Navadgi, learned senior counsel appearing for the petitioner and Sri B.B.Patil, learned counsel appearing for respondent No.1.

5. The learned senior counsel appearing for the petitioner would vehemently contend that Section 7(a) & (b) or Section 7A of the Act cannot be laid against the petitioner as there is no semblance of any demand or acceptance of bribe since the petitioner who is arrayed as accused No.1 is nowhere in the picture but has been dragged into the web of crime only for the reason that he is the Chairman of KSDL and accused No.2 may have taken money on behalf of his father. He would further contend that prior approval as obtaining under Section 17A of the Act for registration of crime is not taken, as the petitioner is a public servant and for registration of a crime against public servant prior approval under Section 17A of the Act is imperative. He would seek quashment of the crime against the petitioner on the aforesaid grounds.

6. On the other hand, the learned senior counsel Sri Ashok Haranahalli representing the Lokayukta would vehemently refute the submissions to contend that the petitioner may not even be in the picture but he is the Chairman of KSDL. His son has flexed his power to demand and accept money. Whether it is for the petitioner or for himself is a matter of investigation. It is too early in the stage for interdicting the crime is the emphatic submission of the learned senior counsel. He would submit that this is a case of trap and in the case of trap, obtaining prior approval under Section 17A of the Act is not the law as the proviso to Section 17A permits registration of crime without prior approval in cases of trap. He would seek dismissal of the petition.

7. The learned senior counsel appearing for the petitioner, in reply, would submit that no where the petitioner was caught red-handed for it to become proceedings of a trap. Trap is laid on the son of the petitioner. Though the house of the petitioner is searched it would not become a trap for which prior approval under Section 17A is imperative and its non-compliance would lead to quashment of FIR itself is the submission of the learned senior counsel.

8. I have given my anxious consideration to the submissions made by the respective learned senior counsel and have perused the material on record. In furtherance whereof the following issues arise for my consideration:

(i) Whether the ingredients of Sections 7(a) & (b), 7A, 8, 9 and 10 of the Act