T.C. NAGARAJU, S/O LATE T. CHENNAPPA Vs. STATE BY LOKAYUKTHA POLICE, BANGALORE CITY

JUDGEMENT

(1.) THIS Criminal Revision Petition is by A -1, who calls in question the order of the trial court refusing to discharge him from the case.

(2.) BRIEF facts are that, a complaint lodged by one Ikramulla Khan, Advocate, with the Dy. S.P., Lokayuktha, alleging demand of bribe by the petitioner in a sum of Rs. 15,000/ - for registering the sale deed of one Syed Shoyeb and the petitioner, after negotiation, agreed to receive Rs. 10.000/ - as bribe amount and, as per the complaint allegations, the petitioner directed the amount to be paid to A -2. Based on the complaint lodged by the above named advocate, a case was registered and charge sheet was submitted against A -1 i.e., the petitioner herein, and A -2 for the offences punishable under Sections 7, 8, 12 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988.

(3.) AS far as the document is concerned, it is argued that there is inconsistency in the stand taken by the complainant inasmuch as, at one stage in the complaint, it is stated that demand was made at the time of registration of the document, whereas at a later stage, it is stated that the bribe amount was demanded for handing over the document. As far as the endorsement "do not deliver" is concerned, referring to the statement of one Shambhulinga, it is argued that the said endorsement was made by the said person Shambhulinga and not by the petitioner. In the light of the aforesaid statement of the witness, it is, therefore argued that: the trial court was not justified in rejecting the prayer of the petitioner for discharge.