Heard the learned counsel Sri S.H.Mittalkhod and

learned counsel Sri Santosh B.Malagoudar appearing for

the parties.

2.

This appeal is filed by the accused who has

been convicted by the learned Special Judge in Spl.Case

No.41/2009 on the file of Principal Sessions Judge and

Special Judge, Bellary by judgment dated 28.08.2012 and

sentenced to undergo simple imprisonment for a period of

two years and to pay fine of Rs.5,000/- for the offence

punishable under Section 7 of the P.C. Act, 1988

(“P.C.Act” for short) and sentenced to undergo simple

imprisonment for a period of 3 years and to pay fine of

Rs.10,000/- for the offence punishable under Section

13(1)(d) read with Section 13(2) of P.C.Act.

3.

Brief facts of the case are as under:

The prosecution alleges that on 25.11.2008 at about

10.30

a.m.,

the

complainant

by

name

Sri

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P.S.Ghanamallanagouda gave a written complaint to the

Karnataka Lokayukta Police, Bellary stating that he has

filed an application in the office of the Surveyor, Bellary

seeking for measurement of his land bearing Sy.No.33 D/1

measuring 1 acre 01 gunta and to prepare a sketch. On

24.11.2008 he visited the Taluk Office and met the

accused who was working as a surveyor and requested

him to hand over the survey sketch. At that juncture, the

accused demanded illegal gratification in a sum of

Rs.2,000/- for the purpose of discharging his official duty

i.e., for issuance of the survey sketch. The complainant

requested the accused to reduce the bribe amount, but

accused

insisted

for

payment

of

Rs.2,000/-.

The

complainant was not willing to pay the said illegal

gratification, therefore, approached the Lokayukta Police.

4.

The Lokayukta Police after verifying the veracity

of the allegations made by the complainant, secured two

panch witnesses for the purposes of intended raid/trap.

Thereafter, the contents of the complaint were explained

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to the panch witnesses and trap team was formed by the

investigating agency. After demonstrating the reaction of

phenolphthalein

powder

with

the

sodium

carbonate

solution, the investigating officer, drafted experimental

mahazar. Four currency notes of Rs.500/- denomination

were secured from the custody of the complainant and

phenolphthalein powder was smeared on the said currency

notes and instruction was given to the complainant to

keep the currency notes with him and hand over the same

when the accused demands the illegal gratification. The

shadow

witness

was

directed

to

accompany

the

complainant and carefully watch the activities that would

take place while the complainant is handing over the

tainted money to the hands of the accused. These aspects

were also incorporated in the entrustment mahazar.

5.

After so instructing, the trap team comprising of

pancha witnesses, complainant and other sub staff of the

Investigating Officer proceeded to the office of the

accused. As per the instruction, the complainant and

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shadow witness went inside the office of the accused. Co-

panch and other members of the trap party were waiting

for the designated signal. When the complainant entered

the office of the accused and demanded for issuance of

survey sketch on demand by accused, the complainant

handed over the tainted currency notes to the hands of

the accused which was taken by the accused and kept in

his shirt pocket.

6.

After so handing over the tainted money, the

complainant gave the pre-designated signal to the raid

party.

7.

Immediately the raid party came to the office of

the accused and enquired the accused about the receipt of

the tainted money. Accused initially pleaded ignorance and

later on he took out the tainted money from the shirt

pocket, which was seized by the head of the raid party in

the presence of panch witnesses. Subsequently colour test

was conducted and the colour test stood positive.

Immediately

accused

was

also

arrested

and

his

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explanation was taken; the relevant documents were

seized. All these aspects were reduced into trap mahazar.

Later, acc