The bench held that in a case where a trap successfully established allegations of bribery in a Prevention of Corruption case, quashment of plea grounded on denial of demand/acceptance filed five years after charge sheet is rejected.
Petition and connected application rejected; quashing of charge sheet and proceedings denied.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:19453 CRL.P No. 1500 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 1500 OF 2023
BETWEEN:
H. J. NAGARAJ S/O LATE H.M.JAYANNA AGED ABOUT 60 YEARS R/O MADHAPPA COMPOUND NEAR RANGYANNA BAGILU BEHIND GANAPATHI TEMPLE CHITRADURGA.
…PETITIONER
(BY SRI ABHISHEK M.B., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:19453 CRL.P No. 1500 of 2023
R/O THALAVATHI VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT PERMANENT RESIDENT OF SWAMI VIVEKANANDA NAGAR JOGI MATTI ROAD CHITRADURGA.
…RESPONDENTS
(BY SRI B.B.PATIL., ADVOCATE FOR R-1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED CHARGE SHEET PLACED DATED 22.11.2018 EMERGING FROM THE CR.NO.4/2017 IN FIR REGISTERED DATED 14.06.2017 FOR THE OFFENCE P/U/S 7, 8, 13(1)(D) R/W 13(2) P.C. ACT AND 120 OF IPC AND ALSO QUASH THE ENTIRE AS WELL AS FURTHER PROCEEDINGS INITIATED IN SPL.CASE (CORRUPTION) NO.8/2018 ARISING OUT OF THE IMPUGNED CHARGE SHEET, PENDING ON THE FILE OF PRL.DISTRICT AND SESSION COURT (SPL.COURT) 08/2018 ARISING OUT OF THE IMPUGNED CHARGE SHEET, PENDING ON THE FILE OF PRL.DISTRICT AND SESSIONS COURT (SPL.COURT) CHITRADURGA.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question charge sheet filed in Crime No.4 of 2017 now pending as Spl.Case No.8 of 2018 for offences punishable under Sections 7, 8, 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (‘Act’ for short).
A complaint comes to be registered against the petitioner on 14-06-2017 for offence punishable under Sections 7 and 8 of the Act. Later, on 15-06-2017, the then ACB seeks to incorporate offences under Section 13(1)(d) r/w 13(2) of the Act. The allegation against the petitioner is, the complainant and other two persons have owned land in Sy.No.6/1 at Taalavatti village, Hiriyur taluk measuring 8 acres and 17 guntas. He had visited the office of the Deputy Director of Land Records where he meets his friend one Maheshwarappa – C.W.2 who introduces the complainant to the petitioner/accused No.2, through whom accused No.1 allegedly demanded a bribe of Rs.3,000/- and eventually negotiated the same to be settled for Rs.2,000/-. The complainant reluctant
to pay the said amount, reaches the office of ACB and with a voice recorder and demonstrates the statement between the accused and the complainant. It is later the trap was
successfully laid against the petitioner and Deputy Director of Land Records/accused No.1. Contending that he is innocent and has not demanded or accepted any money, the petitioner is before this Court seeking quashment of the proceedings.
clean in a trial, as to whether the petitioner had demanded or accepted the money and whether any work was pending before him or not. He would seek dismissal of the petition.
Consequently, I.A.No.1 of 2023 also stands disposed.
Sd/JUDGE
BKP List No.: 1 Sl No.: 6
1 issue framed by the court
Whether a criminal petition seeking quashment of corruption proceedings should be allowed where a trap has been successfully laid and proceedings are at an advanced stage.
H. J. Nagaraj
State of Karnataka Through Lokayuktha Police
P. Devendra Reddy
M. Nagaprashanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
