IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL CRIMINAL APPEAL NO. 851 OF 2013 BETWEEN:

G. RAMAKRISHNA S/O SH. GIRIYAPPA, AGED ABOUT 47 YEARS, W/AS PSI (WIRELESS), BANGALORE CITY, R/AT NO.5, 2ND FLOOR, 12TH BLOCK, CAUVERY COMPLEX, ADUGODI POLICE OFFICERS QUARTERS, BANGALORE.

NOW R/AT NO.1, 7TH MAIN, ANJANEYA TEMPLE STREET, MYSORE ROAD, R.R. NAGAR, BANGALORE - 560 039.

Digitally signed by SUMA B N Location: …APPELLANT HIGH COURT OF (BY SRI. SANDESH J CHOUTA, SR. COUNSEL FOR KARNATAKA SRI. G.S. AVINASH GOWDA, ADVOCATE AND MS. ANANYA MANJUNATH, ADVOCATE)

AND:

STATE BY POLICE INSPECTOR POLICE WING CITY DIVISION, KARNATAKA LOKAYUKTHA, BANGALORE REP. BY STANDING COUNSEL FOR KARNATAKA LOKAYUKTHA IN THE HONBLE HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

…RESPONDENT (BY SRI. B.S. PRASAD, ADVOCATE)

THIS CRL.A IS FILED U/S.374(2) OF CR.P.C PRAYING TO SET ASIDE THE CONVICTION AND SENTENCE DATED 26.04.2013 PASSED BY THE SPL. JUDGE, PREVENTION OF CORRUPTION ACT, BANGALORE URBAN DISTRICT, BANGALORE CITY IN SPL.C.C.NO.157/2009 - CONVICTING THE APPELLANT/ACCUSED FOR THE OFFENCE P/U/S 7 AND 13(1)(d)

P/U/S 13(2) OF PREVENTION OF CORRUPTION ACT, 1988. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL JUDGMENT

This appeal is filed by the accused-appellant herein being aggrieved by the Judgment and order dated 26.04.2013 passed in Spl.C.C.No.157/2009 on the file of the Special Judge, Bangalore Urban District, Bangalore City by which the appellant herein has been found guilty of offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act, 1988') and he has been sentenced to undergo rigorous imprisonment for a period of one year for the offence punishable under Section 7 of the Act, 1988 and to pay Rs.5,000/- and in default to undergo simple imprisonment for two months and has been further sentenced to undergo rigorous imprisonment for a period of two years for the offence punishable under Section 13(1)(d) R/w Section 13(2) of the Act, 1988 and to pay fine of Rs.10,000/- and in default to undergo simple imprisonment of 3 months.

2. A complaint dated 17.07.2008 came to be filed by one Syed Mahboob also known as Babu alleging that he is carrying on the business of furniture and that about two and a half months prior to the date of complaint, accused- appellant had came to his shop along with his friends and had introduced himself that he was working in Central Crime Branch and he had requested the complainant to supply him the furniture. Accordingly, the complainant manufactured the furniture and upon the instruction of the accused-appellant delivered the same to his home. The value of said furniture was Rs.1,00,400/-. Though the accused-appellant had promised to pay the same, he had protracted the matter for one or the other reasons. When the complainant demanded for payment of the amount, he had shown him a document and asked him to raise Rs.5,00,000/- on the basis of the said document and had asked the complainant to return the balance amount after deducting the amount due to him, to which he had not agreed. Thereafter, accused-appellant had informed him that he has seen a case against the complainant on the internet and if he paid him Rs.5,00,000/- he will have him released. That when the complainant refused to pay the said amount as demanded, the accused-appellant called him on his mobile number 9008435088 from his mobile number 9886831066 threatening him that if he did not pay the amount as demanded, he would have him arrested by R.T.Nagar Police.

3. Pursuant to the above complaint, Police Inspector, Police Wing of Karnataka Lokayutha, Bengaluru Urban Division registered a case in Crime No.41/2008, as per Ex.P23 for the offences punishable under Sections 7, 13(1)(d) and 13(2) of the Act, 1988.

4. A pre-trap mahazar as per