IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.P.SANDESH CRIMINAL APPEAL NO.557 OF 2015 BETWEEN:

1. STATE BY POLICE INSPECTOR KARNATAKA LOKAYUKTA POLICE WING BENGALURU CITY DIVISION BENGALURU-560 001.

…APPELLANT (BY SRI. B.S.PRASAD, SPECIAL COUNSEL)

AND:

1. SRI. T. RAMAIAH S/O LATE THIMMAIAH AGED ABOUT 43 YEARS POLICE INSPECTOR VINAYAKA SIDDAPURA POLICE STATION B V BENGALURU RESIDENT OF AT Digitally signed by VINAYAKA B V BANAVARA MAIN ROAD Date: 2026.04.06 YESHWANTHAPURA HOBLI

14:28:49 +0530 BENGALURU-560 001.

2. SRI. C.V.KRISHNEGOWDA S/O SRI. VEEREGOWDA, AGED ABOUT 57 YEARS, HEAD CONSTABLE 1193, SIDDAPURA POLICE STATION BENGALURU, RESIDENT OF HOUSE NO.31/C, 16^TH CROSS, B.T.M.LAYOUT, 2^ND STAGE BENGALURU-560 001.

…RESPONDENTS (BY SRI. D.R. SUNDARESHA, ADVOCATE FOR R1 – [ABSENT];

SRI. B.J. PRAKASH SINGH, ADVOCATE FOR R2 – [ABSENT])

THIS CRIMINAL APPEAL IS FILED UNDER SECTION

378(1) AND (3) OF CR.P.C PRAYING TO GRANT LEAVE TO APPEAL AGAINST THE JUDGMENT AND ORDER OF ACQUITTAL DATED 31.12.2014 IN SPL.CASE NO.152/2007 PASSED BY THE COURT OF THE XXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE, BENGALURU, ACQUITTING THE RESPONDENTS OF THE OFFENCES PUNISHABLE UNDER SECTIONS 7, 13(1)(D) R/W SECTION 13(2) OF THE P.C. ACT, AND TO SET ASIDE THE AFORESAID JUDGMENT AND ORDER OF ACQUITTAL OF THE OFFENCES PUNISHABLE UNDER SECTIONS 7, 13(1)(D) R/W SECTION 13(2) OF THE P.C. ACT, DATED 31.12.2014 IN SPL.CASE NO.152/2007 PASSED BY THE COURT OF THE XXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPL. JUDGE, BENGALURU, BY ALLOWING THE APPEAL AND TO CONVICT AND SENTENCE THE RESPONDENTS FOR THE AFORESAID OFFENCES PUNISHABLE UNDER SECTIONS 7, 13(1)(D) R/W SECTION 13(2) OF THE P.C. ACT, WITH WHICH HE HAS BEEN CHARGED AND TRIED IN ACCORDANCE WITH LAW.

THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH

ORAL JUDGMENT

Heard learned Special counsel appearing for the appellant.

2. This appeal is filed praying this Court to set aside the judgment and order of acquittal dated 31.12.2014 in Spl.C.C.No.152/2007, on the file of the XXIII Additional City Civil and Sessions Judge and Special Judge, Bengaluru, for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (‘PC Act’ for short) and to convict and sentence the respondents for the above offences in accordance with law.

3. The factual matrix of the case of the Lokayuktha Police is that accused No.1 was indulged in committing the offences under Sections 7 and 13(1)(d) of the PC Act, which is punishable under Section 13(2) of the PC Act and accused No.2 for the offence punishable under Section 8 of the PC Act. It is the case of the Lokayuktha Police that, accused No.1 was working as Police Inspector and accused No.2 was working as Head Constable in Siddapura Police Station and as such, accused Nos.1 and 2 are public servants. The complainant P.W.1 is the Priest in Sri Shakthi Durga Parameshwari Temple and Varasiddi Vinayaka Temple at Byrasandra, Bengaluru. On 11.12.2006 at 5.00 p.m., one Jayaram and others stopped the developmental programme of the above temples and in that connection, case in Crime No.255/2006 for the offence punishable under Section 419 of IPC has been registered against P.W.1. The investigation in that case was conducted by accused No.1 herein, who on completion of the investigation, filed the charge-sheet on 02.02.2007 against P.W.1. According to the prosecution, very often P.W.1 approached accused No.1 to facilitate him to offer pooja in the above temples and to finalise the complaint in Crime No.255/2006 of Siddapura Police Station, Bengaluru in his favour. In that connection, accused No.1 demanded illegal gratification of Rs.50,000/- to extend official favour. Feeling offended by the said illegal demand of accused No.1, P.W.1 set law into motion with the help of his complaint Ex.P.1, which