HIGH COURT OF KARNATAKA
MR. JUSTICE HEMANT CHANDANGOUDAR, J
SRI. SHIVAKUMAR S/O VEERAPPA SHIROL – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORAL ORDER
1. The petitioner/accused, who is facing trial for the offence punishable under Section 7A of the Prevention of Corruption Act, 1988 , has approached this Court.
2. The prosecution alleges that the petitioner demanded a gratification amount of ₹4,000 to enter the names of the complainant and his mother in the Record of Rights in relation to land bearing RS No. 196/A+B+3 of Sunaga Gram, following the death of the complainant’s father. A trap was conducted, during which the petitioner was caught red-handed while accepting the gratification amount of ₹4,000 from the complainant in the presence of a shadow witness. On the basis of a similar set of allegations, a departmental inquiry was conducted, wherein the inquiry officer, after a full-fledged inquiry, exonerated the petitioner of the charges. The order exonerating the petitioner has attained finality.
3. Learned counsel for the respondent/Lokayukta has filed a statement of objections, which is taken on record. He contends that although the shadow witness supported the prosecution’s case in the departmental inquiry, the petitioner was still exonerated. Furthermore, the investigating officer, who is a material witness, was
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