IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL No.100064 OF 2017 BETWEEN THE STATE OF KARNATAKA, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, KARNATAKA LOKAYUKTA POLICE, HIGH COURT OF KARNATAKA, BENCH HAT DHARWAD, DHARWAD.

(LOKAYUKTA POLICE, HOSPETE)

...APPELLANT (BY SRI. ANIL KALE, ADVOCATE)

AND P.S. GANGADHARAPPA S/O SHIVARUDRAPPA, AGED ABOUT 56 YEARS, PANCHAYAT DEVELOPMENT OFFICE, KANAHOSALLI, R/O: PATTANASETTARA PAMAPANA COMPOUND, GUDEKOTE ROAD, KUDLIGI.

…RESPONDENT (BY SRI. HANUMANTHAREDDY, ADVOCATE)

CHANDRASHEKAR THIS CRIMINAL APPEAL IS FILED 378 (1) AND (3) OF CR.P.C.

LAXMAN KAT TIMANI 1973, SEEKING TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL PASSED BY THE I ADDL.

Digitally signed by DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, BALLARI CHANDRASHEKAR LAXMAN (SITTING AT HOSAPETE) IN SPECIAL CASE NO. 49 OF 2012 AND TO KATTIMANI Date: 2026.02.17 SET ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL PASSED BY

16:59:10 +0530 THE I ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI (SITTING AT HOSAPETE) IN SPECIAL CASE NO. 49 OF 2012 AND TO CONVICT THE SENTENCE THE RESPONDENT/ACCUSED PERSON FOR THE OFFENCES PUNISHABLE UNDER SECTION 7, 13(1), (d) READ WITH SEC. 13(2) OF PREVENTION OF CORRUPTION ACT 1988.

THIS CRIMINAL APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 28.01.2026 AND 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 Lokayukta, Hosapete, is the appellant challenging the judgment of acquittal passed in Special Case No.49/2012 dated 27.10.2016 by the III Additional District and Sessions Judge, Ballari, sitting at Hosapete.

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

Complainant by name Sharanappa (P.W.1) lodged a complaint with Lokayukta Police, Hosapete, alleging that he had joined the job of a driver-cum-conductor in BMTC in the year 2004. He is discharging his work in Bengaluru. He possesses landed property at Khana Hosalli village, Kudligi Taluk, bearing Sy.No.907/B measuring 2 acres 12 guntas which is an ancestral property. His mother Smt.Durugamma and wife Smt.Rekhamma are residing in the said village. They are eking out their livelihood by working under National Rural Employment Guarantee Scheme (‘NREGA’ for short). They have been given the job card bearing No.243 pertaining to Smt.Durugamma and No.245 pertaining to Smt.Rekhamma. They have discharged the work of constructing a bund in the land bearing Sy.No.907/B under NREGA scheme.

3. However, since the payment was not made towards discharge of the said work, complainant had approached the Panchayath Development Officer (‘PDO’ for short) on 06.04.2011 who demanded amount in a sum of Rs.1,500/- as illegal gratification for passing the cheque. Rs.500/- was demanded to be paid immediately and balance sum of Rs.1,000/- was asked to be paid later.

4. The complainant paid Rs.500/- and he was not willing to part away the balance amount. Therefore, he lodged a complaint with the Lokayukta police, Hosapete.

5. On receipt of the complaint, Lokayukta police secured two independent Government servants as panchas. Ten currency 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.

6. On 07.04.2011, the complainant and shadow witness proceeded to the office of the Lokayukta at 10.00 a.m. Thereafter, they proceeded to the office of the accused around 11.30 a.m. The complainant was told by the head of the raid party to hand over the tainted currency only on demand and shadow witness was told to observe the activities that would take place in the offic