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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
M.NAGAPRASANNA
Venkatesh S/o Raghavendra Gudi – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. The petitioner is before this Court calling in question the proceedings in Spl. (SVC) No.9/2021.
2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
3. The learned counsel for the petitioner submits qua most of the accused, this court has quashed the proceedings and the petitioner, who is accused No.3, is entitled to the same benefit that is passed qua accused No.1 and others.
4. Learned counsel Sri. Anil Kale appearing for the Lokayukta has filed statement of objections refuting the submissions made by the learned counsel for the petitioner in seeking dismissal of the petition.
5. This Court in Criminal Petition No.101560/2023 has held has follows:
1. The petitioner is before this Court calling in question proceedings in Special (SVC) No.9 of 2021 arising out of Crime No.17 of 2019 registered for offences punishable under Sections 7 (a), 7A, 12 and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the Act’ for short). The petitioner is accused No.1.
2. Facts adumbrated are as follows:-
An anonymous complaint emerges against the functioning of the Sub-Registrar’s office at Gadag. The allegati
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.
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 and acceptance of illegal gratification is essential to establish corruption offences 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....
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 is essential to establish an offense under the Prevention of Corruption Act. Mere allegations without evidence fail to sustain prosecution.
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....
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