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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA
Dodda Obalaiah S/o Late Durgaiah – Appellant
Versus
State By Lokayuktha Police – Respondent
ORDER :
M. NAGAPRASANNA, J.
The petitioner/accused is before this Court calling in question proceedings in Special Case No.205 of 2024 arising out of crime No.4 of 2020 registered for offences punishable under Section 7 (a)of the Prevention of Corruption Act, 1988 (‘the Act’ for short).
2. Facts, in brief, as borne out from the pleadings are as follows:-
The 2nd respondent is the complainant. A complaint comes to be registered on 18-03-2020 by the 2nd respondent before the 1st respondent alleging that the petitioner, President of Beellavi Gram Panchayat, Tumkur Taluk had demanded and received a bribe of Rs. 2,000/- from CW-1, GPA holder of CW-5, owner of the property for effecting khatha in the name of CW-5 on the basis of a Will in respect of a house and a site in the said village. It is further alleged that on 13-03-2020, CW-1 called the petitioner on his phone at which point in time, the petitioner had demanded Rs. 10,000/- as bribe to do the work and the said conversation is said to have been recorded by CW-1. The complainant registers the complaint on the said demand before the 1st respondent/Lokayukta Police which becomes a crime in Crime No.4 of 2020 for offences punishable und
Demand and acceptance of illegal gratification must be established beyond reasonable doubt to sustain charges under the Prevention of Corruption Act.
Demand and acceptance of illegal gratification are essential to establish offences under Sections 7 and 13(1)(d) of the Prevention of Corruption Act; mere recovery of tainted money is insufficient fo....
Proof of demand and acceptance is essential to establish an offense under the Prevention of Corruption Act. Mere allegations without evidence fail to sustain prosecution.
Proof of demand and acceptance of illegal gratification is essential to establish corruption offences under the Prevention of Corruption Act.
Proof of demand and acceptance of bribes is essential for conviction under the Prevention of Corruption Act; mere recovery of money without evidence of demand does not establish an offence.
Proof of demand for illegal gratification is essential to establish corruption charges under Sections 7 and 7A of the Prevention of Corruption Act, with mere return of money not sufficient without es....
The demand and acceptance of bribes must be proven for prosecution under the Prevention of Corruption Act, highlighting its critical role in establishing culpability.
Demand and acceptance of illegal gratification are essential to establish offences under Sections 7 and 7A of the Prevention of Corruption Act, 1988.
Illegal gratification – For presumption to operate, basic ingredients of demand and acceptance must be present in a given case.
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