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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M. Nagaprasanna
Yathisha Nhp, S/O Pranesh N.H., – Appellant
Versus
State By Lokayukta Police Bangalore City Police Station Represented By Special Public Prosecutor – Respondent
ORDER :
M. Nagaprasanna, J.
The petitioner/accused No.1 is before this Court calling in question registration of crime in Crime No.3 of 2024 for offences punishable under Section 7 (a) of the Prevention of Corruption Act, 1988 (‘hereinafter referred to as ‘the Act’ for short).
2. Facts in brief, borne out from the pleadings, are as follows:-
The petitioner is a public servant working as an Assistant Engineer, Field Operations and Maintenance, BESCOM, Bangalore. A Work Inspector at Sri Chakra Electricals registers a complaint against the petitioner and several others alleging that two applications on 09-02-2024 had been submitted for the purpose of getting supply of power to the buildings of one Venkatesh and one Ajay Kumar in Sy.Nos. 61 and 61/4 of Annapoorneshwari Nagar, Kengeri Hobli. No action was taken in respect of the applications. The averment in the petition is that on 22-02-2024, the complainant calls up the petitioner/accused No.1 to enquire about the applications regarding supply of power. The complainant is said to have met the petitioner also. The petitioner is said to have informed the complainant that one Sri Satish, accused No.2 who is a contractor would help the comp
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.
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 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.
Demand and acceptance of illegal gratification must be established beyond reasonable doubt to sustain charges under the Prevention of Corruption Act.
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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