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NC: 2023:KHC:25972
CRL.P No. 5721 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 5721 OF 2023
BETWEEN:
SMT. K.C. SOWMYA,
W/O DILEEP V.,
DAUGHTER OF CHANNAPPA,
AGED ABOUT 36 YEARS,
RESIDING AT D GROUP WINGS,
KUVEMPUNAGAR,
KUNIGAL TALUK,
TUMKUR DISTRICT - 572 130.
AND ALSO
WORKING AS TAHSILDAR,
PANDUPURA TALUK OFFICE,
PANDUPURA TALUK,
MANDYA DISTRICT - 571 438.
…PETITIONER
(BY SRI. SANDESH J. CHOUTHA, SENIOR COUNSEL FOR
SRI. KIRAN B., ADVOCATE)
AND:
STATE OF KARNATAKA BY
LOKAYUKTHA POLICE,
MANDYA DISTRICT.
REPRESENTED BY SPECIAL PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 560 001.
…RESPONDENT
(BY SRI. B.S. PRASAD, ADVOCATE)
THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C
PRAYING
TO
ENLARGE
THE
PETITIONER
ON
BAIL
IN
Digitally
signed by
GAYATHRI P
G
Location:
High Court of
Karnataka
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NC: 2023:KHC:25972
CRL.P No. 5721 of 2023
CR.NO.6/2023 REGISTERED BY LOKAYUKTHA POLICE STATION,
MANDYA FOR THE OFFENCE P/U/S 7(A) OF PREVENTION OF
CORRUPTION ACT, PENDING ON THE FILE OF III ADDITIONAL
DISTRICT AND SESSIONS JUDGE, MANDYA, SITTING AT
SRIRANGAPATNA, MANDYA DISTRICT AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
This petition is filed under Section 439 of Cr.P.C. praying
to enlarge the petitioner on bail in Crime No.06/2023 of
Lokayukta Police Station, Mandya registered for the offence
punishable under Section 7(a) of PC Act, 1988.
2.
Heard the learned Senior counsel appearing for
petitioner and the learned Special Public Prosecutor for
respondent - Lokayukta police and perused the material on
record.
3.
The learned counsel for respondent has filed
statement of objections.
4.
The petitioner/accused No.1 working as a Tahsildar,
Pandavapura and accused No.2 working as a revenue inspector
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are alleged to have demanded and accepted a bribe of
Rs.40,000/-
from
the
complainant
on
22.06.2023
at
Pandavapura Taluk Office situated at Ground Floor, Mini
Vidhana Soudha.
5.
Complaint is lodged with the Lokayukta police,
Mandya by one Mariswamy M., working as a Village Accountant
in Gummanahalli and Bannangadi Circle, alleging demand of
bribe by the petitioner. Based on the said complaint, case was
registered against the petitioner and a trap was laid. On
22.06.2023, the petitioner is alleged to have received the bribe
amount of Rs.40,000/- from the petitioner and then gave it to
accused No.2 - Revenue Inspector. The Lokayukta police have
recovered the said amount from accused No.2. Both the
accused were arrested and produced before the jurisdictional
Court and remanded to judicial custody.
6.
The material on record reveal that the complainant
was appointed as a Village Accountant on 10.02.2017 and he
was deputed to different places. In the revised Official
Memorandum
dated
02.12.2022,
he
was
deputed
to
Gummanahalli and Bannangadi Circle. Due to his personal
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inconvenience, he requested the petitioner, working as a
Tahsildar to depute him to Doddaboganahalli. However, the
request was not considered, on the other hand, accused
demanded bribe to do the work. It is alleged in the complaint
that on 20.06.2023 at about 7.00 p.m., the complainant met
the petitioner along with accused No.2 and recorded the
conversation between them in a voice recorder and then lodged
the complaint to the Lokayukta police.
7.
As per trap mahazar dated 22.06.2023, accused
No.1 received the tainted currency from the complainant and
then handed it over to accused No.2, from whom it was
recovered by the Lokayukta Police in the presence of Panch
witnesses under a mahazar. The trap mahazar shows that a
total sum of Rs.75,000/- was seized from accused No.2. Out of
which, Rs.40,000/- pertains to the present case. Insofar as the
petitioner/accused No.1 is concerned, a sum of Rs.6,500/- was
found near her table. However, the said amount was not
seized since it was nothing to do with the bait money.
8.
It is contended by the learned Senior counsel for
the petitioner that the hand solution insofar as petitioner is
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concerned has not turned to pink colour and therefore, the
allegation that
petitioner
has
received
bribe
from
the
complainant is false.
9.
Learned Spl. PP appearing for respondent has
contended that the petitioner after receiving the amount has
immediately handed it over to accused No.2 and she wiped her
hand with her chudidar top and therefore, when her fingers
dipped in the sodium carbonate solution, it did not turn pink in
colour but the solution turned pink in colour, when the chudidar
top was dipped in the solution.
10.
The learned Spl. PP has further contended that the
trap has been successful and tainted amount has been
recovered in this case and the petitioner being a public servant
working as a Tahasildar has received illegal gratification of
Rs.40,000/- from the complainant and handed over the same
to accused No.2. He contends that grant of bail to the
petitioner may come in the way of investigation and she may
tamper with the evidence and there is possibility of fleeing from
justice.
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11.
It is contended by the learned Senior counsel for
petitioner that the complainant, with an ulterior motive has
foisted a false