ORDER

This petition is filed by the petitioner/accused No.2 under Section 482 of Cr.P.C for quashing the criminal proceedings against the petitioner in Crime No.6/2020 registered by the then ACB/presently Lokayuktha, Mysuru for the offence punishable under Section 7(A) of Prevention of Corruption Act, 1988 (amendment Act 2018) (hereinafter referred to as 'PC Act'), pending on the file of III Additional District and Session and Special Court, Mysuru district.

2. Heard learned counsel for the petitioner and learned special counsel for Lokayuktha.

3. The case of the prosecution is that, on the complaint of one Sandesh Hosamatta, to the police on 8.7.2020 alleging that one known person by name Vasantha was said to be cheated by one Prem Kumar by promising to marry her and he said to be committed sexual assault on her. A complaint was filed to the Metagalli police station, but they have not arrested the accused and he requested him to come and talk to the police. Accordingly, the complainant approached the Metagalli police station to enquire about FIR in Crime No.58/2020 registered for the offences punishable under Sections 376, 417 and 420 of IPC on 04.7.2020. The petitioner being inspector, when the complainant approached him to enquire about the said FIR, the accused said to have told to one Bheemanna, the police constable to attend the complainant and asked him to discuss. Later, when the friend of the complainant one Bharat Kumar telephoned to the Bheemanna, police constable, he said to have asked them to come to Akshaya Lodge. Accordingly, when the complainant along with one Bharat Kumar went to Akshaya Lodge and discussed about the case, for that, the accused Bheemanna said to have demanded Rs.1 lakh for settling the issue. Then, the petitioner said to have informed that the accused, who said to be cheated the girl-Vasantha in Crime No.58/2020, and the victim girl shall be allowed to discuss together for 10 minutes and decide the issue. Thereafter, the petitioner said to be told if there is no resolving of the dispute, they will produce the accused to the court and they will get the bail and said to be demanded Rs.1 lakh for settling the dispute. On 6.7.2020, the said Bharat Kumar telephoned to Bheemanna and he said to have told that the accused had obtained bail and only filing of the charge sheet is pending. Further, said to be told to discuss the matter between the accused and the girl. It is further alleged on 7.7.2020, when the Bharat Kumar contacted constable Bheemanna by phone, the said constable asked him to come to Akshaya Lodge once again. Bharat Kumar and the complainant both went to the same Akshaya Lodge. The police inspector and the petitioner also was present. When they enquired about the case with Bheemanna, for that, the accused Bheemanna said to have asked to come prepared and give the bribe amount. The complainant informed that 'out of it, 25 is not adjusted', at which the present petitioner/accused asked them to call the accused that day itself, however, they were not willing to give bribe amount. Hence, they filed the complaint.

Subsequently, FIR has been registered by the police. 4. The police prepared trap panchanama and then the trap and was set up. On 8.7.2020 the trap team went to the same hotel and the complainant was about to handover the money to the present petitioner. The accused petitioner said to be told them to give the bribe amount to Bheemanna through signal. Then, this amount was given to Bheemanna and immediately the police trapped Bheemanna and seized the cash. Accordingly, the amount has been seized under the panchanama from Bheemanna and arrested this petitioner and also Bheemanna. The matter is under investigation. The same is challenged by the petitioner who is accused No.1. Learned counsel for the petitioner has further contended, there is no demand and acceptance by this petitioner and the accused No.1 had demanded money and received the same. It is alleged that the accused informe