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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 17^TH DAY OF MARCH 2022

BEFORE

THE HON’BLE MR. JUSTICE K. SOMASHEKAR

CRIMINAL APPEAL No.200078/2015

Between:

Ravikumar S/o Doddappa Batageri

@ Betageri, Age:34 years,

Occ: PDO, Gram Panchayat

Makanapur

R/at: Sirnal, Tq & Dist: Vijayapur

… Appellant

(By Sri Avinash A.Uploankar & Sri Ravi K. Anoor,

Advocates)

And:

The State of Karnataka

R/by Spl. PP

High Court of Karnataka

Kalaburagi Bench

(Through Lokayukta P.S Vijayapur)

… Respondent

(By Sri Subhash Mallapur, Spl. PP for Lokayukta)

This Criminal Appeal is filed under Section 374 (2)

Cr.P.C., praying to set aside the judgment of conviction

and order of sentence dated 09.07.2015 passed by the Prl.

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Sessions Judge/Special Judge at Vijayapur in Special Case

(LoK) No.5/2013 and acquit the appellant/accused.

This appeal coming on for final hearing, this day, the

Court delivered the following:

JUDGMENT

This appeal is directed against the judgment of

conviction rendered by the trial Court in Special Case

(LOK) No.5/2013 dated 09.07.2015, whereby held

conviction against the appellant/accused for the

offences punishable under Sections 7, 13(1)(d) r/w

Section 13(2) of the Prevention of Corruption Act,

1988.

2.

Whereas under this appeal, the appellant

seeking intervention by consideration of the grounds

urged in this appeal and setting aside of the judgment

of conviction and order of sentence rendered by the

trial

Court

and

consequently

acquit

the

appellant/accused for the offences punishable under

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Sections 7, 13(1)(d) r/w Section 13(2) of the

Prevention of Corruption Act, for which held charge.

3.

Heard the learned counsel Sri Avinash A.

Uploankar for the appellant and Sri Subhash Mallapur,

learned Special Public Prosecutor for the respondent

and perused the judgment of conviction and order of

sentence rendered by the trial Court in Special Case

(LOK) No.5/2013 whereby consisting of evidence of

P.Ws.1 to 11 and so also the documents at Exs.P.1 to

17

inclusive

of

the

evidence

of

D.W.1

and

contradictory statement of P.W.1 marked at Ex.D1

and so also M.Os.1 to 10 got marked by the

prosecution.

4.

The factual matrix of the appeal are as

under;

(a) It transpired in the case of the prosecution

that on 22.09.2002 at about 1.15 p.m. the accused

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being

a

public

servant

working

as

Panchayat

Development Officer at Makanapur Gram Panchayat

demanded

and

accepted

the

bribe

amount

of

Rs.1,000/-

as

gratification

other

than

legal

remuneration as a motive or reward from the

complainant Sri Somaling S/o Mahadevappa Jevoor for

issuing the Cheque towards the retirement benefits of

his father Mahadevappa Jevoor, who was working as

Clerk-cum-Accountant in Makanapur Gram Panchayat

and retired from the service on 30.06.2012. That on

27.07.2012,

the

Chief

Executive

Officer,

Zilla

Panchayat, Vijayapura made a correspondence to the

Executive

Officer,

Taluka

Panchayat,

Vijayapura

stating that the father of the complainant submitted

an application to the Zilla Panchayat requesting to

disburse his retirement benefits and directed the

Executive Officer of Taluka Panchayat to grant

retirement benefits not exceeding 15 months salary

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and the same should be paid from the Panchayat fund

and also directed to take necessary action in that

aspect. In pursuance of the above said letter, the

Executive Officer, Taluka Panchayat, Vijayapur has

passed an order on 16.08.2012 to the effect that the

father of the complainant is entitled for retirement

benefits of Rs.65,040/- and the said amount has to be

paid from the Gram Panchayat funds and the said

order comes into force immediately. These are all

aspect narrated in the complaint by approaching the

P.I. of the Lokayukta, Vijayapur.

(b). On receipt of the complaint made by the

complainant by approaching the Police Inspector of

Lokayukta, Vijayapura, a case in Cri