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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. NAGAPRASANNA
Basavaraj I., S/o Late Halappa – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
M. NAGAPRASANNA, J.
The petitioner/accused is at the doors of this Court calling in question registration of crime in Crime No.5 of 2024 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:-
It is the case of the prosecution that on 08-07-2024 the 2nd respondent/complainant registers a complaint before the 1st respondent/Karnataka Lokayukta alleging that the complainant supplied materials for water supply works of Harihara Municipal Council and has been doing this for several years. As a matter of norm, the petitioner had asked the 2nd respondent to supply materials without calling for tender on the pretext of subsistence of general elections to the Parliament. Therefore, it is the case of the complainant that he has supplied materials worth Rs. 25 to Rs. 30 lakhs. For generation and clearance of bills of Rs. 25 to Rs. 30 lakhs the petitioner is said to have demanded Rs. 2/- lakhs. On 07-07-2024, the complainant is said to have paid an amount of Rs. 1/- lakh and is said to have paid the remaining amount on the next day i.e., on 08-07- 2024. After the paym
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....
Demand and acceptance of illegal gratification must be established beyond reasonable doubt to sustain charges under the Prevention of Corruption Act.
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 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 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....
Demand and acceptance of illegal gratification are essential to establish offences under Sections 7 and 7A of the Prevention of Corruption Act, 1988.
The demand and acceptance of bribes must be proven for prosecution under the Prevention of Corruption Act, highlighting its critical role in establishing culpability.
Illegal gratification – For presumption to operate, basic ingredients of demand and acceptance must be present in a given case.
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