IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 10^TH DAY OF DECEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE H.P.SANDESH

CRIMINAL APPEAL No.200039/2015

BETWEEN:

K. RAMASHETTY

S/O CHIKKANNA SHETTY

AGE: 57 YEARS

OCC: BLOCK EDUCATION OFFICER

R/O DEVADURGA

DIST. RAICHUR

(APPELLANT IS AGED ABOUT 55 YEARS.

HOWEVER, IN THE CAUSE TITLE OF THE

JUDGMENT IT IS WRONGLY SHOWN)

…APPELLANT

(BY SRI. S.S.MAMADAPUR, ADVOCATE)

AND:

THE STATE OF KARNATAKA

R/BY SPECIAL PP

HIGH COURT OF KARNATAKA

KALABURGI

(THROUGH PSI OF LOKAYUKTA

P.S., RAICHUR)

…RESPONDENT

(BY SRI. SUBHASH MALLAPUR, SPL.PP)

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THIS CRL.A FILED U/SEC.374(2) OF CR.P.C, BY THE

APPELLANT PRAYING TO SET ASIDE THE JUDGMENT OF

CONVICTION AND ORDER OF SENTENCE DATED 13.03.2015

PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS

JUDGE, RAICHUR IN SPECIAL CASE No.10/2010 AND ACQUIT

THE APPELLANT/ACCUSED AND ETC.

THIS APPEAL HAVING BEEN HEARD AND RESERVED

FOR JUDGMENT ON 29.11.2021 THIS DAY, THE COURT

PRONOUNCED THE FOLLOWING:

JUDGMENT

This appeal is filed challenging the judgment of

conviction and sentence dated 13.03.2015 passed in

Spl.Case No.10/2010 on the file of II Additional District

and Sessions Judge, Raichur for the offences punishable

under Sections 7, 13(1)(d) read with Section 13(2) of the

Prevention of Corruption Act, 1988 (‘the PC Act’ for short)

for a substantive sentence for a period of one year for the

offence punishable under Section 13(1) (d) read with

Section 13(2) of PC Act with a fine of Rs.25,000/- and for

a period of six months with a fine of Rs.25,000/- for the

offence punishable under Section 7 of the PC Act.

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2.

In nutshell, the case of the prosecution is that

the complainant had lodged a complaint with the

Lokayukta police alleging that he was appointed as a

Assistant Teacher in the Education Department in the year

2002 and he discharging his duties at Arakera Government

High School. It is alleged that as per the orders issued by

the Deputy Director of Public Instructions, Raichur on

13.06.2007, he was deputed for higher studies to complete

his B.Ed. course at Manasa Gangotri Open University,

Mysuru with certain conditions. That on 16.04.2008, he

has participated in the programme of ‘Chinnara Angala’

that is the programme arranged for drop out children from

the school. In the meantime, the complainant received a

message that he has to attend a programme of public

relation (Samparka Karyakram) at S.R.K. B.Ed. College,

Raichur. But there was a programme of Chinnara Angala

in his school upto 23.04.2008, he has not attended the

public relation programme. After the completion of the

said programme, he traveled in the night on 23.04.2008 as

he shall attend the Chinnara Angala programme at Manasa

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Gangotri University, Mysuru on 24.04.2008. Therefore, he

was

unable

to

attend

the

alleged

public

contact

programme. Thereafter, he had received a message that

he shall attend the public contact programme without fail.

Therefore, the complainant returned from Mysuru to

Raichur on 25.04.2008 to attend the programme. He also

submitted a letter through registered post to his Head

Master requesting accord permission to attend the public

relation programme. Inspite of that, the Head Master of

the Arakera High School did not consider his request and

submitted a report to the BEO stating that the complainant

was unauthorisedly absent for his duties and salary has

been held up. It is further alleged that on 29.05.2008,

when the complainant attended his duties, the Head

Master refused to take him to the duty and directed him

orally to accord permission from the BEO (accused herein).

Therefore, the complainant went to the office of BEO on

30.05.2008 and requested him to take him on duty and

also to release his held up salary. In this regard, the

accused responded that he is going to suspend him for his

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unauthorized absenc