THE HIGH COURT OF KARNATAKA
G BASAVARAJA
STATE BY KARNATAKA LOKAYUKTHA POLICE – Appellant
Versus
S. DEVAPRASAD – Respondent
CRL.A 798/2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE G BASAVARAJA CRIMINAL APPEAL NO.798 OF 2021 BETWEEN:
STATE BY KARNATAKA LOKAYUKTHA POLICE RAMANAGARA DISTRICT ...APPELLANT (BY SRI. K. PRASANNA SHETTY, ADV.)
AND:
1. S. DEVAPRASAD, S/O. LATE. K. SIDDAIAH, AGED ABOUT 56 YEARS, SURVEY SUPERVISOR, TALUK OFFICE, LAND SURVEY DEPARTMENT, RAMANAGARA.
2. K. B. RAJANIKANTH S/O. BOREGOWDA, AGED ABOUT 36 YEARS, LICENCED (PRIVATE) SURVEYOR, TALUK OFFICE, LAND SURVEY DEPARTMENT, RAMANAGARA.
3. MADAIAH, S/O LINGEGOWDA, AGED ABOUT 56 YEARS, FIRST GRADE SURVEYOR, TALUK OFFICE, LAND SURVEY DEPARTMENT, RAMANAGARA.
…RESPONDENTS (BY SRI. B. L. SANJEEV, ADV. FOR R1, SRI. NARAYAN MAYYAR, ADV. FOR SRI. S.R. HEGDE HUDLAMANE, ADV. FOR R2, SRI. A. N. RADHAKRISHNA, ADV. FOR R3.)
THIS CRL.A IS FILED U/S.378(1) AND (3) CR.P.C BY THE SPL.P.P. FOR THE STATE PRAYING TO GRANT LEAVE TO PROSECUTE THE APPEAL AGAINST THE JUDGMENT/ACQUITTAL ORDER DATED 16.08.2019 PASSED BY THE COURT OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN SPL.C.NO.6/2009.
THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 13.01.2026 AND COMING ON FOR "PRONOUNCEMENT OF ORDERS" THIS DAY, THE COURT, DELIVERED THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
CAV JUDGMENT
The appellant/State has preferred this appeal against the judgment of acquittal passed by the Prl. District and Sessions Judge, Ramanagara in Special Case No.6/2009 dated 16.08.2019.
2. For the sake of convenience, the parties herein are referred to as per their status before the trial Court.
3. Brief facts leading to this appeal are that, Karnataka Lokayuktha Police, Ramanagara laid a charge- sheet against accused 1 to 3 for the offence punishable under Section 7, 8, 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988.
4. It is alleged by the prosecution that, accused Nos.1 and 3 are the public servants working as Survey Supervisor and First Grade Surveyor respectively in Ramanagara Taluk Office and accused No.1 demanded illegal gratification of Rs.1,000/- from CW1-Puttamallaiah on 18.05.2006 for showing official favour i.e. issuing survey sketch in respect of land bearing Survey No.311 of Vibhuthikere and in furtherance of the same, accused No.3 accepted the illegal gratification of Rs.1,000/- on 13.05.2006 in the Survey Department, Ramanagara Office from CW1 on behalf of accused No.1 as a motive or reward to show the official favour without any public interest and thereby committed criminal misconduct under Section 13(1)(d) and is guilty of the offence under Sections 7 and 13(2) of Prevention of Corruption Act. 5. Accused No.2 being the Licensed (Private)
Surveyor working in Ramanagara Taluk Office on 31.05.2006 demanded and accepted illegal gratification of Rs.1,300/- from CW1-Puttamallaiah in order to show official favour in the matter of issuing the survey sketch and thereby committed the offence under Section 8 of Prevention of Corruption Act, 1988.
6. Having heard the arguments on both sides, the trial Court has framed the charges against the accused for the alleged offences and same were read over and explained to the accused. Having understood the same, accused pleaded not guilty and claimed to be tried.
7. To prove the guilt of the accused, prosecution has examined 8 witnesses as PW1 to PW8. 32 documents were marked as Exhibits P1 to P32. 18 material objects were marked as Exhibits P1 to P18. On closure of prosecution side evidence, statement under Section 313 of Cr.P.C. was recorded. The accused have totally denied the incriminating materials available on record. The accused have not led any defence evidence on their behalf. However, Exhibit D1 is marked at the time of cross-
examination of prosecution witnesses.
8. Having heard the arguments on both sides, the trial Court has acquitted the accused for the alleged commission of offences. Being aggrieved by the judgment of acquittal, the appellant/State has preferred this appeal
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