HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD *****

Criminal Appeal No.1889 OF 2018 Between:

M.William … Appellant And The State of Telangana Rep. by Public Prosecutor for ACB and another … Respondents DATE OF JUDGMENT PRONOUNCED: 05.02.2025 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?

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K.SURENDER, J * THE HON’BLE SRI JUSTICE K. SURENDER + Crl.A. No. 1889 OF 2018 % Dated 05.02.2025 # M.William … Appellant And $ The State of Telangana Rep. by Public Prosecutor for ACB and another … Respondents ! Counsel for the Appellant: Sri Nyapathi Prashanth ^ Counsel for the Respondents: Sri M.Bala Mohan Reddy, Spl.Public Prosecutor for ACB >HEAD NOTE:

? Cases referred HON’BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1889 OF 2018

JUDGMENT:

1. The appellant/A1 was convicted for the offences under Section 7 and Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 and sentenced to rigorous imprisonment for a period of two years under both counts vide judgment in C.C.No.122 of 2015 dated 29.06.2018 passed by the Special Judge for trial of SPE and ACB Cases, Karimnagar. Aggrieved by the same, present appeal is filed. A2 was acquitted by the trial Court.

2. Heard Sri Nyapathi Prashant, learned Counsel for the appellant and learned Special Public Prosecutor for ACB.

3. Briefly, the case of the prosecution is that PW1/the complainant, was employed as a driver for a TATA Sumo vehicle that was assigned to Appellant. While working in the office of SDPO, Nizamabad, as a driver, PW1 had marital disputes with his wife, Smt. Vijaya Kumari. As a result, PW1's wife, who belongs to a Scheduled Caste, filed a complaint against PW1 at V Town Police Station, Nizamabad, accusing him of dowry harassment and atrocity. Based on this complaint, a case was registered against PW1 in V Town PS under Cr. No. 97/2006, invoking Section 498A of IPC, Sections 3 and 4 of the Dowry Prohibition Act, and Section 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act. Appellant, in his capacity as SDPO, undertook the investigation of the case filed against PW1. During the course of the investigation, Appellant arrested PW1 on 25.7.2006 and presented him before the court for remand, leading to PW1's suspension from service by the Superintendent of Police, Nizamabad. Subsequent to his release on bail, PW1 approached Appellant, requesting reinstatement into service. However, Appellant stated that he would assist PW1 while filing the charge sheet and indicated that PW1 should be prepared to incur some expenses. It is alleged that on 5.8.2006, at approximately 9:30pm, Appellant, through A2(acquitted accused), made a phone call to PW1, wherein A2 conveyed Appellant's demand for Rs 20,000 in exchange for reducing the severity of the offences in the charge sheet. PW1, citing financial constraints, expressed his inability to pay such an amount. In an effort to negotiate, PW1 visited Appellant's residence, where, upon PW1's request, Appellant agreed to lower the bribe amount to Rs.15,000/-.

PW1 reluctantly consented to pay the reduced sum.

4. Unwilling to comply with the bribery demand, PW1 approached the Joint Director, ACB, Hyderabad, and reported the incident. The Joint Director directed PW1 to meet DSP, ACB, Karimnagar. Consequently, on 10.8.2006, at 7:00pm, PW1 submitted a complaint/ExP1 against Appellant to DSP, ACB, Karimnagar.

5. LW13, Sri Laxminarayana, DSP, ACB (not examined), received the complaint and conducted discreet inquiries into its authenticity and the reputation of Appellant. These inquiries indicated that Appellant had a corrupt background and was known for having a bad reputation. Subsequently, LW13 registered the case as Cr. No. 11/ACB-KNR/2006 under Section 7 of the Prevention of Corr