IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL APPEAL NO. 898 OF 2013 BETWEEN:

DR. BHARATH BHOOSHAN S/O. VEERABHADRAPPA, AGED ABOUT 48 YEARS, GYNECOLOGIST, GHOUSHIA HOSPITAL BANGALORE - 500 001 …APPELLANT (BY SRI. S G RAJENDRA REDDY, ADVOCATE)

AND:

STATE BY POLICE INSPECTOR, POLICE WING CITY DIVISION KARNATAKA LOKAYUKTA, BANGALORE, REPTD. BY SPL. P.P., HIGH COURT BUILDING, BANGALORE - 560001 …RESPONDENT (BY SRI. VENKATESH .S. ARABATTI, ADVOCATE)

Digitally signed by SWAPNA V Location: High THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET Court of Karnataka ASIDE THE ORDER DATED 31.08.2013 PASSED BY THE SPL. JUDGE, BANGALORE URBAN DISTRICT, BANGALORE IN SPL.C.C.NO.148/2010 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 7,13(1)(D) P/U/S 13(2) OF PREVENTION OF CORRUPTION ACT, 1988. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR 7 MONTHS AND PAY FINE OF RS.300/-, IN DEFAULT TO PAY FINE, HE SHALL UNDERGO S.I. FOR 15 DAYS FOR THE OFFENCE P/U/S 7 OF P.C.ACT. THE APPELLANT/ACCUSED IS SENTENCED TO UNDERGO R.I. FOR 13 MONTHS AND PAY FINE OF RS.400/-, IN DEFAULT TO PAY FINE, HE SHALL UNDERGO S.I. FOR 20 DAYS FOR THE OFFENCE P/U/S 13(1)(D) P/U/S 13(2) OF PREVENTION OF CORRUPTION ACT, 1988. SUBSTANTIVE SENTENCES OF IMPRIOSNMENT SHALL RUN CONCURRENTLY. THE APPELLANT/ACCUSED PRAYS THAT HE BE ACQUITTED.

THIS CRL.A., COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS JUSTICE M G UMA

ORAL JUDGMENT

The appellant being the accused in Special Case No.148 of 2010 on the file of the learned Special Judge, Bangalore Urban District, Bangalore City, is impugning the Judgment of conviction and order of sentence dated 31.08.2013, convicting him for the offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (for short, 'the P.C. Act'), sentencing to undergo rigorous imprisonment for a period of seven months and to pay fine of ₹.300/- for the offence punishable under Section 7 of the P.C. Act, and sentenced him to undergo rigorous imprisonment for a period of 13 months and to pay fine of ₹.400/- for the offence punishable under Section 13(1)(d) of the P.C. Act, with default sentences.

2. Brief facts of the case as made out by the prosecution is that, the accused was working as a Gynaecologist in Ghoushia Hospital, Bengaluru. The complainant had admitted his wife-CW.6 for delivery to the said hospital. The accused being the Doctor who was attending the wife of the informant demanded bribe amount for Rs.4,000/- to conduct surgery/delivery. After bargain, it was scaled down to Rs.2,000/-. CW.6 gave birth to the child on 22.12.2009. At that time, the accused demanded and received Rs.1,000/- as part bribe and again demanded balance amount of Rs.1,000/-. Since the complainant was not willing to pay the illegal gratification, he filed first information as per Ex.P2. The pre-trap Mahazar was held, an amount of Rs.1,000/- was entrusted to the informant and he was asked to meet the accused along with the shadow witness-PW.2.

3. It is the further contention of the prosecution that PWs.1 and 2 have met the accused on 23.12.2009 at about 4.35 p.m in the hospital. The accused again demanded and accepted the illegal gratification of Rs.1,000/- tendered by the complainant and thereby committed the offence punishable under Sections 7 and 13(1)(d) r/w 13(2) of the P.C. Act. After investigation, the charge sheet came to be filed for the above said offences. The accused has appeared before the Trial Court, pleaded not guilty and claimed to be tried.

4. The prosecution has examined PWs.1 to 5, got marked Exhibits P1 to 15 and identified MOs.1 to 13 in support of its contention. The accused has denied all the incriminating materials available on record in his statement under Section 313 of Cr.P.C., but has not chosen to lead any evidence in support of his defence. However, got marked E