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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAVI V.HOSMANI
Manjunatha S/o Late Papabhovi – Appellant
Versus
State by ACB Police, Now State by Lokayukta Police, Bengaluru – Respondent
ORDER :
1. Challenging order dated 09.04.2025 passed by IX Addl. District and Sessions Judge, Bengaluru Rural District, Bengaluru, in SPL.C.no.565/2023, rejecting application for discharge, this revision petition is filed.
2. Sri AV Ramakrishna, learned counsel for petitioner (accused) submitted, prosecution was initiated against petitioner - accused for offences punishable under Section 7(a) read with Section 13(2) of Prevention of Corruption Act, 2018 ('POCA' for short) after registration of Crime no.12/2019 registered on 22.10.2019 by Anti-Corruption Bureau, Bengaluru, ('ACB' for short). It was submitted, same was on a complaint dated 22.10.2019 filed by one Raju BH, alleging that all required documents for transfer of E-khata of site no.171/719 situated at Kuluvanahalli, measuring 30 X 40 Sq.fts. to his sister's name after death of her husband, were submitted, but there was no action. And when complainant along with his brother L.K. Arasu met accused - Panchayat Development Officer of Kuluvanahalli, (‘PDO’ for short), accused demanded Rs.1 Lakh for registration of E-khata, which he later reduced to Rs.80,000/- of which Rs.40,000/- was to be paid at time of Survey sketch and Rs.40
A mere recovery of currency notes is insufficient to establish bribery charges under the Prevention of Corruption Act without proven demand; the court evaluates only whether a prima facie case exists....
At the stage of framing of charge and/or considering discharge application, mini trial is not permissible. Defence on merits is not to be considered at the stage of framing of charge and/or at stage ....
The court emphasized the limited scope of the court's jurisdiction under the Criminal Procedure Code at the stage of framing of charges, highlighting the need to accept the material brought on record....
(1) No provision in Cr.P.C. grants any right to accused to file any material or document at the stage of framing of charge.(2) Revisional court cannot sit as an appellate court and start appreciating....
The court upheld the rejection of a discharge application, emphasizing that a prima facie case must exist without conducting a mini-trial, affirming the principles of evidence evaluation at the disch....
At the charge framing stage, the court assesses whether a prima facie case exists, focusing on the allegations rather than the proof of guilt.
The central legal point established in the judgment is the necessity of proving demand and establishing the essential ingredients of the offence under the Prevention of Corruption Act, 1988.
At the charge framing stage, only a prima facie case needs to be established, without detailed examination of evidence.
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