The Criminal Appeal No.1696 of 2022 preferred by accused
No.1; and the Criminal Appeal No.1737 of 2022 preferred by
accused No.2, challenging the Judgment of conviction and order
on sentence dated 28th September, 2022 passed in Special Case
No.332 of 2019 by the VII Additional District & Sessions Judge
and Special Court for Trial of cases relating to Prevention of
Corruption Act, Tumakuru (for short hereinafter referred to as
“the trial Court”).
2. For the sake of convenience, the parties herein
are referred to as per their status and rank before the trial
Court.
4 Crl.A No.1696 of 2022
FACTS OF THE CASE
3. The prosecution case, in brief, is that the Police
Inspector, Anti-Corruption Bureau, Tumakuru, filed a charge-
sheet against Accused 1 and 2 for the offences punishable under
Sections 7(a) of the Prevention of Corruption Act, 1988, as
amended by Act 16 of 2018 (for short “the PC Act”). At the
relevant point of time, accused No.1 was serving as the
Panchayat Development Officer and accused No.2 as the Bill
Collector of Chinnahalli Grama Panchayat, Sira Taluk, both being
public servants. According to the prosecution, CW1-Narasimha
Murthy N., had submitted an application seeking issuance of a
No Objection Certificate (NOC) for establishing a poultry farm in
Survey No.23 of Kalenahalli Village, belonging to his aunt (CW4).
It is alleged that on 20th September, 2018, when CW1
approached accused No.2 regarding the said application, accused
No.2 demanded illegal gratification of ₹10,000/- on behalf of
accused No.1. Since CW1 expressed his inability to pay the
amount demanded, he allegedly met accused No.1, who reduced
the demand to ₹5,000/- and directed him to pay ₹2,000/- as
advance to accused No.2 and the balance amount subsequently.
