The court established that prima facie evidence of a bribe demand is sufficient to justify an investigation under the Prevention of Corruption Act, and that quashing an FIR should be an exception rather than the rule.

ORDER

S.Vishwajith Shetty, J.

Accused no.1 is before this Court under Section 482 of Cr.PC with a prayer to quash the FIR in Crime No.2/2023 registered by Lokayuktha Police, Chitradurga, for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 (for short, 'P.C.Act'), which is now pending before the Court of Prl. District & Sessions Judge, Chitradurga.

2. Heard the learned Counsel for the parties.

3. Facts leading to filing of this petition narrated briefly are, the first informant who is a private surveyor had purchased site bearing No.46, Old Khatha No.781, present panchayath Khatha No.960, carved out of Sy. Nos.108/1 & 108/2 of Belgatta village, Chitradurga, totally measuring 111.48 sq. mtrs. under a registered sale deed from one Radhakrishna Reddy. He had subsequently filed an application dated 11.10.2022 for transfer of E-khatha. On 24.02.2023, the petitioner who was working as Panchayath Development Officer of the jurisdictional Gram Panchayath along with his staff had visited the site for the purpose of measurement. It is alleged that on the said date, petitioner had demanded illegal gratification from the first informant for changing the revenue records in his name. Since the first informant did not intend to pay the illegal gratification demanded by the petitioner, he had approached the Lokayuktha Police, Chitradurga, and informed the Inspector of Lokayuktha Police about the demand made by the petitioner. The Lokayuktha Police had handed over him a voice recorder and had asked him to record the conversation. Thereafter, the first informant had once again approached the petitioner and the petitioner had raised a demand for payment of Rs.10,000/- as bribe. This conversation between the petitioner and the first informant was recorded in the voice recorder and on 28.02.2023, the first informant had submitted a complaint, based on which, FIR in Crime No.2/2023 was registered by the Lokayutkha Police against the petitioner for the aforesaid offence. On the same day, a pre-trap mahazar was prepared and a trap was also successfully conducted on the same day at about 4.40 p.m. and the petitioner was caught red-handed while receiving the bribe amount of Rs.10,000/- from the first informant. The bribe amount which was recovered from the pocket of the petitioner was subjected to panchanama, and thereafter, the petitioner was arrested and produced before the jurisdictional court and remanded to judicial custody. Being aggrieved by the FIR registered against him, the petitioner is before this Court.

4. Learned Counsel for the petitioner submits that the petitioner has been falsely implicated in the present case at the instance of one Hanumantha Reddy who is the President of the Gram Panchayath. He submits that the petitioner had not made any demand for payment of bribe amount and the demand made by him was for payment of fees for change of khatha and also other applicable fees. In the conversation that was recorded by the first informant, this aspect of the matter is very clear.

He submits that immediately after the alleged trap, the petitioner has given a statement in support of his defence and the same is self-explanatory. He submits that the amount recovered from the pocket of the petitioner was handed over to him by the first informant for the purpose of payment of requisite fee for change of khatha. He submits that the conversion is not recorded in a mobile phone, and on the other hand, the records do not clearly indicate how the conversation was recorded. In support of his arguments, he has placed reliance on the judgment of the High Court of Madhya Pradesh in Misc. Criminal Case No.10053/2021 (Narendra Mishra Vs The State of Madhya Pradesh & another) disposed of on 23.02.2022. He has also placed reliance on the orders passed by the coordinate bench of this Court in W.P.No.915/2022 (Mr. N.Thejas Kumar Vs The State of Karnataka & another) disposed of on 21.03.2022 and Crl.P.No.4807/2022 (R.Nagashayana