Heard learned Special counsel appearing for the
appellant.
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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