IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL No.100147 OF 2016 BETWEEN THE STATE OF KARNATAKA, LOKAYUKTHA POLICE, POLICE INSPECTOR, KARNATAKA LOKAYUKTA, POLICE WING, BELAGAVI.

REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, KARNATAKA LOKAYUKTA.

...APPELLANT (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE)

AND RAMESH S/O TATYASAHEB TAVANAKKI, AGE: 53 YEARS, OCC: ASSISTANT EXECUTIVE ENGINEER, HESCOM, CHIKODI.

…RESPONDENT (BY SRI. G.M.BHAT, ADVOCATE)

CHAN DRASHEKAR LAXMAN THIS CRIMINAL APPEAL IS FILED U/SEC. 378(1) AND (3) OF KATTIMANI CR.P.C., 1973, SEEKING TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL PASSED BY THE IV ADDL.

Digitally signed by DISTRICT AND SESSIONS & SPECIAL JUDGE, AT BELAGAVI, DATED CHANDRASHEKAR LAXMAN 1/10/2015 IN SPL. C. No.37/2013 AND TO SET ASIDE THE JUDGMENT KATTIMANI AND ORDER OF ACQUITTAL PASSED BY THE IV ADDL. DISTRICT AND Date: 2026.02.13

12:47:06 +0530 SESSIONS & SPECIAL JUDGE, AT BELAGAVI, DATED 01/10/2015 IN SPL.C. No.37/2013 AND TO CONVICT AND SENTENCE THE RESPONDENT/ACCUSED PERSON FOR THE OFFENCES PUNISHABLE U/SEC. 7, 13(1),(d) R/W SEC. 13(2) OF PREVENTION OF CORRUPTION ACT, 1988.

THIS CRIMINAL APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 28.01.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CAV JUDGMENT

(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)

The State represented by Belagavi Lokayukta is the appellant challenging the judgment of acquittal passed in Special Case No.37/2013 dated 01.10.2015 by the IV Additional District and Sessions Judge and Special Judge (PCA), Belagavi.

2. Facts in the nutshell, which are utmost necessary for disposal of the present appeal are as under:

A complaint came to be lodged with Lokayukta police, Belagavi, by Sri Anil Pandurang Kurani (P.W.2), contending that, in the year 2011, he wanted to establish a flour mill and in that regard, he had gone to the office of HESCOM at Ankalagi and gave an application seeking permission.

3. After inspecting the spot, concerned Officer said to have informed the complainant that two electric poles are to be installed for providing necessary electric connection for establishing the flour mill. He also sought for certain documents which were furnished to him and he countersigned on those documents and told that it should be sent to the higher officials.

4. On 14.09.2011, he took those documents and visited the Office of Assistant Executive Engineer and met Sri Kullura. He completed his work on the application and sent it to further higher official who is the accused.

5. After verifying the documents that were given in a file, accused said to have demanded Rs.2,200/- as illegal gratification for according the permission. Since the complainant was not interested in parting away with the said sum, he approached the Lokayukta Police.

6. After hearing the complaint averments, Lokayukta police gave a voice recorder and asked the complainant to record his conversation with the accused. Accordingly, complainant went back to the office of the accused and got the conversation recorded.

7. Thereafter, complaint came to be registered and based on the complaint averments, Lokayukta police secured two independent Government servants as panchas. Six currency notes comprising of four notes of Rs.500/- denomination and two notes of Rs.100/- denomination were secured and recorded the serial numbers of the said currency notes on a separate paper.

Phenolphthalein powder was smeared on those currency notes and demonstrated the chemical reaction of phenolphthalein powder with sodium carbonate solution. Thereafter, experimental mahazar was drawn.

8. Thereafter, complainant and shadow witness reached Chikkodi and they went inside the office of the accused and met him. Accused said to have demanded the bribe money and accordingly, complainant tendered the tainted currency to the accused which was taken by him and kept