HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD CRIMINAL APPEAL No.1643 OF 2007 *****

Between:

Dr.Gurushantappa S.Bandi … Appellant And The State of AP, rep. by DSP, ACB, City Range-I, Hyderabad … Respondent CRIMINAL APPEAL No.1682 OF 2007 Between:

Dr.K.Anand Rao … Appellant And The State of AP, rep. by DSP, ACB, City Range-I, Hyderabad …Respondent DATE OF JUDGMENT PRONOUNCED: 09.04.2025 Submitted for approval.

THE HON’BLE SRI JUSTICE K.SURENDER

1 Whether Reporters of Local newspapers may be allowed to see the Yes/No Judgments?

2 Whether the copies of judgment may be marked to Law Reporters/Journals Yes/No

3 Whether Their Ladyship/Lordship wish to see the fair copy of the Yes/No Judgment?

__________________

K.SURENDER, J * THE HON’BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1643 OF 2007 % Dated 09.04.2025 # Dr.Gurushantappa S.Bandi … Appellant.

And $ The State of AP, rep. by DSP, ACB, City Range-I, Hyderabad … Respondent +CRIMINAL APPEAL No.1682 OF 2007 # Dr.K.Anand Rao … Appellant.

And $ The State of AP, rep. by DSP, ACB, City Range-I, Hyderabad … Respondent ! Counsel for the Appellants: Sri V.Surender Rao Sri Badeti Venkata Rathnam ^ Counsel for the Respondent: Sri T.Bala Mohan Reddy Spl. Public Prosecutor for ACB >HEAD NOTE:

1 (2015) 10 Supreme Court Cases 152

2 2001 AIR SCW 2415

3 (2002) 10 Supreme Court Cases 371

HON’BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL Nos.1643 and 1682 OF 2007

COMMON JUDGMENT:

1. Criminal Appeal No.1682 of 2007 was filed by A1 and Criminal Appeal No.1643 of 2007 was filed by A2.

2. A1 and A2 were convicted and sentenced to undergo rigorous imprisonment for a period of one and half years, each under Section 7 and Sections 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 vide judgment in C.C.No.50 of 2003 dated 15.11.2007, passed by the Principal Special Judge for SPE & ACB Cases, City Civil Court, Hyderabad.

3. Since both the appeals are questioning the conviction of the appellants/A1 and A2, both the appeals are heard together and disposed of by way of this Common Judgment.

4. Briefly, the case of the prosecution is that the defacto complainant/P.W.1 was a final year M.B.B.S Student at Osmania Medical College. There were practical examinations scheduled from 06.05.2002 to 15.05.2002. For the evaluation of the practical exams, the college has two professors who are internal evaluators and two professors from outside the college who would be external evaluators. A1 and A2 were appointed as external evaluators. The practical exam of PW.1 was scheduled on 04.05.2002. P.W.1 was asked to come to the Osmania Medical College Guest house, room No.4, by A1 on 10.05.2002. A1 demanded an amount of Rs.5,000/- from P.W.1 for awarding passing marks in the internal exams. A1 then insisted that the amount had to be paid by 15.05.2002, which was the last date of the examination. The next day, i.e., on 11.05.2002, during the practical examination, A2 also demanded Rs.6,000/- from P.W.1 for awarding passing marks in the practical examination.

5. P.W.1 was not willing to pay any bribe to A1 and A2, as such, he approached the DSP, ACB on 13.05.202, and lodged Ex.P1- complaint, which was received by DSP/P.W.12. P.W.1 was asked to come on 14.05.2002.

6. A1 was staying in Osmania Medical College Guest room and A2 was staying in Mahaveer Hotel. P.W.9/independent mediator, and another mediator, namely M.A.A.Farooqui (L.W.12), who was working in the office of Commissioner and Director of Horticulture, Hyderabad, were asked to act as independent mediators for the trap of A1 in the Osmania Medical College Guest House. P.W.10 and one Sai Baba, who was working as Co-operative Sub Registrar in the office of the Commissioner for Co-operation and Registrar of Co- operative Societies, Hyderabad, were asked to act as mediators for the entrapment of A2. The complaint was registered at 5.00 p.m, on 14.05.2002, and the trap party, who gathered in the ACB office, started the pre-trap proceedings at 5.15 p.m. The amount of Rs.5,000/- and Rs