JUDGMENT :

V Srishananda, J.

Heard Sri. Subhash Mallapur, learned Special Public Prosecutor for the Lokayukta/appellant, Sri. Narendra N. Bettad, learned counsel for Sri. Mallikarjun S., learned counsel appearing for respondent Nos.1 and 2.

2. This appeal is by the Lokayukta, challenging the order of acquittal passed in Special Case No.1/2013 by the Special Judge, Yadgiri, by Judgment dated 19.03.2018.

3. Facts in the nutshell which are utmost necessary for disposal of the present appeal are as under:

3.1. One Mallikarjun lodged a complaint with Lokayukta Police on 24.05.2010 that he is having a business of transporting the sand from Canal situated at Malhar village and he has a necessary permission in the name of Gazuddin.

3.2. About 15 days earlier to lodging the complaint, the accused persons being the Police Officials of Gurumitkal Circle, illegally seized the lorries loaded with sand and moved the lorries to the Gurumitkal Police Station. For the release of lorries, the accused persons said to have demanded a sum of Rs.40,000/- as bribe. On an earlier occasion, the complainant paid a sum of Rs.40,000/- and got released the lorries. But again, four lorries were seized and they were a