STATE OF KARNATAKA Vs. B VEERAPPA

JUDGEMENT

(1.) This appeal is preferred by the State being aggrieved by and challenging the legality and correctness of the judgment, dated 30th day of June 2016, passed in Spl. KLA. C.C. No. 4/2015, by the III Additional District and Sessions Judge (Special Judge for Lokayukta & CBI Cases), Dharwad.

(2.) Brief facts of the prosecution case are that on 20.06.2014, the complainant/PI, Lokayukta Police, received a credible information that the accused, who was working as an Assistant Executive Engineer, ESI Hospital, had collected the bribe amount from the contractor and he was proceeding towards Hubli Office and then to Davangere. Therefore, the complainant got registered the complaint on behalf of the State and submitted the FIR to the Court. He obtained a search warrant against the accused. He secured two panch witnesses. The complainant furnished the copies of the complaint to the panch witnesses. After reading over the complaint allegations both the panch witnesses agreed to act as panch witnesses. Therefore, the complainant/IO formed a team to tap the accused. Accordingly, the trap team went in two vehicles to the office of the accused situated at Hubli. They notice that key was put to the office of the accused. Therefore, the complainant and trap team went to railway station, Hubli and had kept watch near at the entrance of the gate. A person dropped the accused in front of the railway station at portico. Immediately, the IO and trap team caught hold the accused and disclosed their identity. The complainant checked the bag in the hands of the accused and found an amount of Rs.50,000/- containing 100 notes of Rs.500/- denomination each. On enquiry, the accused disclosed that one Prashant Reddy had given the said amount to him towards his contract work. The complainant felt that the spot was not a proper place to draw the mahazar. Hence, he took the accused along with the bag and trap team to the Circuit House, Hubli. Meanwhile, the complainant got videographed all the scenes. He has also got photographed the scenes with the help of a digital camera. He sent the video and digital camera to get it converted into CDs through his constable. He prepared a rough hand sketch of the spot. The entire trap team headed by the complainant/IO along with accused reached the Circuit House, Hubli. On search, the accused was found in possession of cash of Rs.50,000/- along with his other personal belongings like his ID card, clothes and official records etc. the IO secured Assistant Executive Engineer to the Circuit House, Hubli. Then the complainant/IO took the entire trap team along with the accused towards the office of the accused at Hubli. On the way he got the xerox copies of the slip appearing on the bundle of the notes. He obtained the signatures of the panchas on the xerox copies of the bank slip. Then, all of them visited the office of the accused. The IO searched the almirah of the accused and collected his SR and attendance register. The IO also collected the documents from the office of accused regarding the works done by the contractor by name Prashant Reddy. He recorded the statements of witnesses. The accused was produced before the Court. The accused was charged with the alleged offences punishable under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988.

(3.) The prosecution, in order to prove its case, examined in all 12 witnesses as PWs.1to 12, got marked the documents as Ex.P.1 to Ex.P.54 and Ex.P.54(a) and also material objects MOs.1 and 2. On behalf of the defence, no witness was examined nor any document was got marked.