State By Police Inspector vs Sri. T. Ramaiah on 2 April, 2026

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    Heard learned Special counsel appearing for the

    appellant.

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    2. This appeal is filed praying this Court to set aside

    the judgment and order of acquittal dated 31.12.2014 in

    Spl.C.C.No.152/2007, on the file of the XXIII Additional City

    Civil and Sessions Judge and Special Judge, Bengaluru, for the

    offences punishable under Sections 7 and 13(1)(d) read with

    Section 13(2) of the Prevention of Corruption Act (‘PC Act’ for

    short) and to convict and sentence the respondents for the

    above offences in accordance with law.

    3. The factual matrix of the case of the Lokayuktha

    Police is that accused No.1 was indulged in committing the

    offences under Sections 7 and 13(1)(d) of the PC Act, which is

    punishable under Section 13(2) of the PC Act and accused No.2

    for the offence punishable under Section 8 of the PC Act. It is

    the case of the Lokayuktha Police that, accused No.1 was

    working as Police Inspector and accused No.2 was working as

    Head Constable in Siddapura Police Station and as such,

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    accused Nos.1 and 2 are public servants. The complainant

    P.W.1 is the Priest in Sri Shakthi Durga Parameshwari Temple

    and Varasiddi Vinayaka Temple at Byrasandra, Bengaluru. On

    11.12.2006 at 5.00 p.m., one Jayaram and others stopped the

    developmental programme of the above temples and in that

    connection, case in Crime No.255/2006 for the offence

    punishable under Section 419 of IPC has been registered

    against P.W.1. The investigation in that case was conducted by

    accused No.1 herein, who on completion of the investigation,

    filed the charge-sheet on 02.02.2007 against P.W.1. According

    to the prosecution, very often P.W.1 approached accused No.1

    to facilitate him to offer pooja in the above temples and to

    finalise the complaint in Crime No.255/2006 of Siddapura Police

    Station, Bengaluru in his favour. In that connection, accused

    No.1 demanded illegal gratification of Rs.50,000/- to extend

    official favour. Feeling offended by the said illegal demand of

    accused No.1, P.W.1 set law into motion with the help of his

    complaint Ex.P.1, which has been registered by P.W.5 Sri

    B.S.Ram Mohan. After registration of the case against accused

    No.1 in Crime No.2/2007, P.W.5 submitted FIR, which is

    marked as Ex.P.18 in a sealed cover and thereafter secured one

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    shadow witness P.W.2 and one panch witness as P.W.3 to his

    office. P.W.1 produced cash of Rs.10,000/- in denomination of

    Rs.1,000/- each, 11 currency notes of denomination of

    Rs.500/- each and 5 currency notes of denomination of

    Rs.100/- each before P.W.5. P.W.5 got entered the numbers of

    the above currency notes on a sheet Ex.P.2 and also did the

    formalities of pre-trap mahazar and got placed tainted notes in

    the left side pocket of shirt of P.W.1 and also got prepared the

    solution with water and sodium carbonate powder. After

    obtaining the sample of solution, P.W.3 washed fingers of both

    hands in the residual solution which consequently turned to

    pink colour. P.W.5 seized the finger wash of hands of P.W.3 in a

    bottle and thereafter instructed P.W.1 to approach accused

    No.1 and to give tainted currency notes to accused No.1 in case

    of express demand by accused No.1. P.W.1 was also instructed

    by P.W.5 to wipe spectacles with kerchief in case of acceptance

    of tainted notes by accused No.1 and by that mode to

    communicate the acceptance of tainted notes by accused No.1.

    P.W.5 instructed P.W.2 to accompany P.W.1 and to watch what

    transpires between accused No.1 and P.W.1. P.W.5 conducted

    pre-trap mahazar in terms of Ex.P.8 in his office and left his

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    office in two Maruti Omni vehicles along with his staff and

    P.W.1 to P.W.3 to Siddapura Police Station. P.W.5 along with

    his staff and P.W.1 to P.W.3 got down at a distance of about

    200 metres from Siddapura Police Station, Bengaluru.

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