IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL No.100026 OF 2021 BETWEEN THE STATE OF KARNATAKA LOKAYUKTA POLICE, POLICE INSPECTOR, KARNATAKA LOKAYUKTA, POLICE STATION, BALLARI DISTRICT REPRESENTED BY SPECIAL PUBLIC PROSECUTOR KARNATAKA LOKAYUKTA, HIGH COURT OF KARNATAKA, DHARWAD-580001 ...APPELLANT (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE)

AND K.R. GOVINDAPPA S/O. RAMAPPA AGE. 60 YEARS, OCC. PSI, SPL. SQUAD, EXERCISE AND LOTTERY WING, C LA H X A M N A D N RASHEKAR HAVERI, R/O. HAVERI, TAL. AND DIST. HAVERI-581110.

KATTIMANI …RESPONDENT (BY SRI. A.M. GUNDAWADE, ADVOCATE)

THIS CRIMINAL APPEAL IS FILED U/S 378(1) AND (3) OF CR.P.C., SEEKING TO GRANT LEAVE TO APPEAL AGAINST THE Digitally signed by JUDGMENT AND ORDER OF ACQUITTAL PASSED BY THE PRL.

CHANDRASHEKAR LAXMAN DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, AT HAVERI, KATTIMANI Date: 2026.02.20 DATED 04/03/2020 SPL. VIGILANCE CASE NO.10/2016 AND SET

12:33:18 +0530 ASIDE THE JUDGMENT AND ORDER OF ACQUITTAL PASSED BY THE PRL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI DATED 04/03/2020 IN SPL. VIGILANCE CASE NO.10/2016 AND CONVICT AND SENTENCE THE RESPONDENT / ACCUSED PERSON FOR THE OFFENCES PUNISHABLE UNDER SECTION 7 OF THE PREVENTION OF CORRUPTION ACT, 1988.

THIS CRIMINAL APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 03.02.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CAV JUDGMENT

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

The Lokayukta, Haveri, is the appellant challenging the order passed in Special Vigilance Case No.10/2016 dated 04.03.2020 passed by the Principal District and Sessions Judge, Haveri, wherein respondent/accused has been acquitted for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988.

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

A complaint came to be lodged by one Sri Kotresh Basappa Kudarihal with Lokayuktha Police, Haveri, alleging that he is possessing the license in the name of his wife Smt.Anasuya for running a veg and non-veg dhaba by name ‘Sri Jagadamba Dhaba’ at Heeladahalli Cross. He used to frequently visit Ranibennur for purchasing grocery and other required items to run the said dhaba.

3. As such, on 01.03.2013 he had been to Ranibennur for purchase of the required groceries. At about 03.00 p.m. he receives a phone call from his wife stating that somebody from Haveri came in a police jeep. They took away the licence and beer bottles leaving their telephone number with her. She had forwarded the said telephone number to the complainant. Immediately complainant contacted the said telephone number. He received a reply stating that how he has stored beer bottles ªÀiÁªÀÄÆ°.

in the dhaba and he has not given ‘ ’ They asked the complainant to come near Hiregoudru complex at Ranibennur. Complainant could not reach the said place on time and therefore again there was a call from the said person asking the complainant to come near the market where cattle are sold.

4. At about 05.30 p.m. complainant visited the said place and noted that Sri K.R.Govindappa, PSI and Chandrashekar K. Sanganal, constable and others were there with whom he was not acquainted with.

5. Thereafter, the complainant was made to sit in the jeep and was threatened that since liquor was stored illegally in his dhaba, case would be filed against him. If case is registered, he would be liable to pay fine upto Rs.50,000/-. Instead, if he wants to settle the matter then and there, he should pay Rs.15,000/- and he can avoid further complications. Further, complainant was asked to continue paying Rs.1,000/- every ªÀiÁªÀÄÆ°

month as usual towards ‘ ’.

6. At that juncture, complainant said to have replied that he would enquire and revert. Constable Sanganal told the complainant that the Inspector is very strict and if he doesn't settle the issue, he has to ru