This petition is filed by the petitioner under Section 439

of Cr.P.C. for enlarging him on bail in Crime No.01/2022 of

Chikkamagaluru Lokayukta Police Station, registered for the

offence punishable under Section 7(a) of Prevention of

Corruption Act, 1988 (for short 8the PC Act9).

2.

Heard learned counsel for the petitioner and the

learned

Special

Public

Prosecutor

for

the

respondent-

Lokayukta. Perused the records.

3.

The brief factual matrix leading to the case are

that:

The petitioner was working as a Block Education Officer

(for short 8BEO9) and the complainant is a Teacher working in

Huligondi Government School. He served in the said school

3

and from June 2022 to August 2022 on deputation in

Linglapura School. Thereafter from 23.08.2022 he did not

attend the School because of illness of his father and on

30.08.2022 his father expired. Then on 05.09.2022 he moved

an application for cancellation of deputation to Linglapura

School and to continue his posting in Huligondi School but the

same was not considered. Again on 30.09.2022 he moved

further application and on 01.10.2022 he was deputed to

Garje School. Then on 06.10.2022 he obtained the order from

BEO office. It was alleged that when he went to School for

getting relived he was first directed to meet the petitioner who

was working as a BEO by school Head Master for relieving

order. When he approached the BEO there was a demand for

Rs.50,000/-, but later on it was settled for Rs.15,000/-. Hence

he approached Lokayukta and voice record was provided for

recording the conversation and conversation is said to have

been recorded in the voice recorder on 17.10.2022. Then a

complaint was lodged and on the basis of the complaint crime

came to be registered, a trap was arranged and pre-trap

entrustment mahazar was held in the Lokayukta office.

4

4.

Thereafter,

the

complainant

on

18.10.2022

approached the accused and it is alleged accused has

demanded and accepted Rs.15,000/- and at that time trap

was successful. The hand wash was taken which was tested

positive to phenolphthalein test and then the tainted amount

was also recovered. He also given his immediate explanation

denying the allegations and making counter allegations

against the present petitioner. Then the trap mahazar was

drawn and then the petitioner was apprehended and brought

to the Lokayukta police, wherein the statement of the pancha

witnesses were recorded. Then the petitioner was produced

before the Special Court and he was remanded to judicial

custody.

5.

The petitioner has approached the learned Special

Judge and the learned Special Judge has rejected the bail

petition filed by the petitioner. Hence, the petitioner is before

this Court.

5

6.

Having heard the arguments and perusing the

records, all along it is asserted that the petitioner has

demanded and accepted illegal gratification of Rs.15,000/-.

Admittedly, the petitioner is working as a BEO and the

complainant initially was deputed to Linglapura School, but he

all along sought for his cancellation of deputation. It is also

evident from the records that he did not report to the duty

from 23.08.2022 to the Linglapura School and on 05.09.2022

he moved an application for cancellation of deputation which

was not considered and again he gave another application on

30.09.2022. What was need for seeking cancellation of

deputation, is not at all forthcoming and the complainant

being the a School Teacher has remained absent from his duty

more than one month without any proper reasons.

7.

However, the allegations were regarding for

relieving him in order to enable him to report at a

subsequently deputed post, there was a demand and

acceptance of Rs.15,000/-. But it is evident from the record

that the complainant has received a deputation order from the

6

BEO office itself. If at all there was a demand, he would not

have been issued a deputation order. Further the explanation

of the petitioner discloses that the complainant has thrusted

the amount in his pocket.