IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 20^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL APPEAL NO. 100048 OF 2023 (A)

BETWEEN:

THE STATE OF KARNATAKA, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, THROUGH LOKAYUKTA POLICE, KOPPAL DIST. KOPPAL 583231.

…APPELLANT (BY SRI. SRINIVAS B. NAIK, ADVOCATE)

AND:

KARAVEERPRABHU S/O VIRUPAKSHAPPA KYALAKONDA AGE. 56 YEARS, OCC. DISTRICT SURGEON, DISTRICT HOSPITAL KOPPAL, R/O. HANGARGI, TQ.BADAMI, DIST. BAGALKOT 587201.

…RESPONDENT (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE)

THIS CRIMINAL APPEAL IS FILED UNDER SECTION 378(1)(3) OF CR.P.C. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER OF Digitally signed by CHANDRASHEKAR L K A A X T M TI A M N ANI ACQUITTAL DATED 29.03.2021 PASSED IN SPL. C.C. NO. (P.C.) NO.

L C o o c u a r t t i o o n f : K H ar ig n h ataka, Dharwad Bench

19/2022 ON THE FILE OF SESSIONS AND SPECIAL JUDGE, KOPPAL AND CONVICT THE ACCUSED/RESPONDENT IN SPL. C.C.(P.C.) NO. 19/2022 FOR THE OFFENCES PUNISHABLE U/SEC. 7, 13(1)(D) R/W 13(2) OF PC ACT AND IMPOSE MAXIMUM SENTENCE I THE ENDS OF JUSTICE AND EQUITY.

THIS CRIMINAL APPEAL COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT

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

Heard Sri.Srinivas B. Naik, learned counsel for the appellant and Sri.Shivakumar S. Badawadagi, learned counsel for the respondent.

2. Lokayukta Police, Koppal is in this appeal challenging the order of acquittal passed in Special CC (PC) No.19/2012. 3. Facts in the nutshell which are utmost necessary for disposal of the appeal are as under:

3.1. A complaint came to be lodged with Lokayukta Police, Koppal by the complainant - Hulagappa who is examined as P.W.1.

3.2. Based on his complaint, Lokayukta Police, Koppal registered a case for the offence punishable under Section 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act.

3.3. As per the complaint averments, for the pending work of Hulagappa, accused in order to misuse his official position and to show official favour, demanded 10% of the bill amount which would work out to Rs.12,700/- but accused has demanded Rs.11,000/- as illegal gratification. Complainant was not willing to part with the illegal gratification and therefore, he approached the Lokayukta Police.

3.4. After registering the case, Lokayukta police secured two independent Government servants as intended panchas for the intended trap and explained them the contents of the complaint and secured nine currency notes of Rs.1,000/- denominations and four currency notes of Rs.500/- denominations and noted serial numbers of the same in separate paper and smeared phenolphthalein powder on those currency notes and demonstrated chemical reaction of phenolphthalein powder with the Sodium Carbonate solution which is a colourless solution to the panch witnesses and drafted experimental panchanama.

3.5. Shadow witness and complainant were directed to approach the accused and hand over the tainted currency to the accused on demand and give a predesignated signal by washing his face with the help of a handkerchief.

3.6. Accordingly, on 23.08.2011, the complainant and shadow witness – Sachin (P.W.2) proceeded to the office of the accused and after handing over the tainted currency, gave a pre- designated signal and thereafter, rest of the raid party came there and recovered the tainted currency from the custody of the accused and thereafter, drafted the trap panchanama, arrested the accused and produced him before the Special Court after getting his explanation recorded.

3.7. After thorough investigation, charge sheet came to be filed against the accused for the aforesaid offences.

3.8. Accused pleaded not guilty and therefore trial was held.

4. In order to bring home the guilt of the accused, as many as 18 witnesses were examined as P.W.1 to P.W.18 and 34 documents were placed on record which were exhibited and marked as Exs.P.1 to Ex.P.34 and seven material objects were mark