IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 21^st DAY OF FEBRUARY, 2023

BEFORE

THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL APPEAL NO.2821/2013

BETWEEN:

PRAKASH BALAPPA NAIK

AGE: 37 YEARS, OCC: VILLAGE ACCOUNTANT,

R/O: HOSAKOTI, TQ: BADAMI,

DIST: BAGALKOT.

…APPELLANT

(BY SRI N. L. BATAKURKI, ADVOCATE)

AND:

THE STATE OF KARNATAKA

BY BAGALKOT LOKAYUKTA POLICE,

REP. BY STATE PUBLIC

PROSECUTOR LOKAYUKTA.

…RESPONDENT

(BY SRI SANTOSH B. MALAGOUDAR,

SPECIAL PUBLIC PROSECUTOR)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

374(2) OF CR.P.C. SEEKING TO ADMIT THE APPEAL AND

CALL FOR THE RECORDS FROM COURT BELOW AND SET

ASIDE THE JUDGMENT AND SENTENCE DATED 12.11.2013

PASSED BY THE DIST. & SESSIONS JUDGE, BAGALKOT, IN

SPL. CASE NO.38/2010 AND ACQUIT THE APPELLANT FOR

THE ALLEGED OFFENCES.

THIS APPEAL HAVING BEEN HEARD AND RESERVED

FOR

JUDGMENT

ON

08.02.2023,

COMING

ON

FOR

PRONOUNCEMENT OF JUDGMENT THIS DAY, THE COURT

PRONOUNCED THE FOLLOWING:

SUJATA

SUBHASH

PAMMAR

Digitally signed by

SUJATA SUBHASH

PAMMAR

Location: HIGH

COURT OF

KARNATAKA,

DHARWAD

BENCH,

DHARWAD.

Date: 2023.02.23

12:13:00 +0530

2

JUDGMENT

This

is

an

appeal

is

filed

by

the

appellant/accused

challenging

the

judgment

of

conviction and order of sentence passed by the

learned District and Sessions Judge, Bagalkot in

Special Case No.38/2010 dated 12.11.2013, whereby

the learned Sessions Judge has convicted the accused

for the offences punishable under Sections 7 and

13(1)(d) read with Section 13(2) of the Prevention of

Corruption Act, 1988 (for short, hereinafter referred to

as ‘P.C. Act’) and sentenced him for imprisonment

with fine.

2.

For the sake of convenience, the parties

herein are referred with the original ranks occupied by

them before the Trial court.

3.

The brief factual matrix leading to the case

are that the accused is a Village Accountant and a

public servant. The complainant had purchased 2.01

3

acres of land in RS. No.98/3 of Bandakeri Village and

he has applied for mutating his name in RTC. It is

also

alleged

that

when

the

complainant

has

approached the accused in this regard, the accused

has demanded illegal gratification of Rs.2,000/- and

Rs.1,000/- was paid in advance and the balance of

Rs.1,000/- was demanded by the accused. The

complainant being reluctant to pay the bribe went to

the Lokayukta office and lodged a complaint before

the Lokayukta as per Ex.P.27 on 09.04.2009 at about

1.00 p.m. The investigating officer has registered the

complaint and then he secured two witnesses and

drawn an entrustment mahazar, as per Ex.P1 in

presence of the panchas after production of the

amount to be paid as a bribe by the complainant. It is

also alleged that then the trap was laid down. The

complainant

along

with

the

shadow

witness

approached the accused in the canteen of K.S.R.T.C.

4

Bus Stand, Kerur around 4.00 p.m. and there when

the complainant enquired with the accused regarding

his work of mutating the name, it is alleged that the

accused

has

demanded

and

accepted

illegal

gratification of Rs.1,000/-. He was trapped at that

time and his hand wash was taken and the bribe

amount was also recovered from his custody. The

shirt pocket of the accused was also taken, which has

also tested positive and then a trap Mahazar was also

drawn.

The

accused

was

asked

to

give

his

explanation and it is also alleged that the accused has

also given an explanation as per Ex.P.26 wherein he

claimed that there was no work pending with him and

he attended the work of complainant on 06.04.2009

itself and he never demanded and accepted illegal

gratification. His statement also discloses that the

complainant has offered Rs.1,000/- but he never

demanded it. Then the accused was arrested by the

5

investigating officer and he has also drawn a trap

Mahazar as per Ex.P.2. The photographs were also

taken while drawing the t