Karnataka High Court
Sri Parmesh S vs State Of Karnataka on 28 November, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2025:KHC:49642
CRL.P No. 13185 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 13185 OF 2023
BETWEEN:
SRI PARMESH S.,
S/O LATE VENKATASWAMY
AGED ABOUT 59 YEARS
DEPUTY TAHSILDAR
HOLALURU NADAKACHERI
SHIVAMOGGA TALUK - 577 205
R/AT DEEPTHI MANTHAM NILAYA
18TH CROSS, CHALUKYA NAGAR
SHIVAMOGGA - 577 205.
...PETITIONER
(BY SRI VARUN JAYKUMAR PATIL, ADVOCATE)
AND:
Digitally
signed by
NAGAVENI 1. STATE OF KARNATAKA
Location: THROUGH LOKAYUKTA POLICE
High Court REPRESENTED BY SPL.P.P. OFFICE,
of Karnataka
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. SRI SHIVARAJ D.,
S/O DURGAPPA
AGED ABOUT 39 YEARS
KYATANAKOPPA VILLAGE
SHIVAMOGGA DISTRICT - 577 216.
...RESPONDENTS
(BY SRI LETHIF B., ADVOCATE FOR R1)
-2-
NC: 2025:KHC:49642
CRL.P No. 13185 of 2023
HC-KAR
THIS CRL.P IS FILED U/S 482 CR.P.C (FILED U/S 528
BNNS) PRAYING TO QUASH THE FIR BEARING NO.8/2023
DATED 21.08.2023 REGISTERED BY KARNATAKA LOKAYUKTA
POLICE SHIVAMOGA FOR THE OFFENCES P/U/S.7(A) AND 7(a)
OF PREVENTION OF CORRUPTION ACT 1988 AS AGAINST THE
PETITIONER, PENDING ON THE FILE OF ADDITIONAL DISTRICT
AND SESSIONS AND SPECIAL JUDGE, AT SHIVAMOGGA
DISTRICT.
THIS PETITION, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court seeking the following prayer:
"(a) Quash the F.I.R. bearing No.08/2023 dated 21/08/2023 registered by Karnataka Lokayukta Police, Shimoga for the offences under Section 7(a) and 7A of the Prevention of Corruption Act, 1988, as against the Petitioner pending before 1st Additional District Sessions and Special Judge, at Shivamogga District.
(b) Pass such other order as this Hon'ble Court deems fit to pass or grant such other reliefs in the circumstances of the case in the interest of justice."-3-
NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR
2. Heard Sri Varun Jaykumar Patil, learned counsel for the petitioner and Sri Lethif B., learned counsel for the respondent No.1.
3. Facts in brief, germane, are as follows:
The petitioner is accused No.1, second respondent, the complainant. A complaint comes to be registered against the petitioner on 21.08.2023, which becomes a crime in Crime No.8/2023 for the offences punishable under Sections 7(a) and 7A of the Prevention of Corruption Act, 1988 (for short 'the Act'). Pursuant to registration of the crime, a trap is laid against the petitioner in which, the petitioner was found in possession of tainted money and therefore, the prosecution proceeds with the crime and conducts investigation. The petitioner at that juncture is before this Court calling in question registration of the crime in the subject petition.
4. Learned counsel for the petitioner submits that there is no proof of demand or acceptance in the case at hand, neither there is any conversation between the complainant or the petitioner. He submits that the allegation of rejection of Khata is an appealable order and an appeal ought to have been filed.
-4-NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR The petitioner had nothing to do after rejection of the Khata and therefore, there is no warrant of demand or acceptance of money in the case at hand. Learned counsel submits that on this score, the petition should be allowed.
5. Per contra, Sri B. Lethif, learned counsel for respondent No.1 by taking this Court through the documents appended to the statement of objections would contend that the conversation between the petitioner and the complainant are all recorded and are placed while drawing up a pre-trap mahazar and when the trap was laid, the petitioner was found in possession of tainted money. Therefore, this Court should not interfere in such cases. He would place reliance upon the judgment of this Court rendered in Criminal Petition No.8776/2024, disposed on 02.06.2025.
6. The afore-narrated facts, the link in the chain of events are not in dispute and do not require any reiteration. The issue whether offence under Section 7(a) of the Act is met in the case at hand or otherwise, for which, it is necessary to notice the conversation between the two and recovery of money as -5- NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR drawn in the mahazar on the date of the trap. It reads as follows:
" ವ ಗ ೋ ಾಯುಕ ೕ ಾ ೆಯ ಾಂಕ:-22-08-2023 ರಂದು ೆ ೆ 08-15 ಗಂ ೆ ಂದ ೆ ೆ 11-15 ಗಂ ೆಯವ!ೆ ೆ ವ"# ೊಡುವ ಪಂಚ ಾ'ಯನು) ತ+ಾ,#ದ ನಂತರ ೆ ೆ 11:30 ಗಂ ೆ ೆ ವ ಗ ೋ ಾಯುಕ ಕ-ೇ, ಂದ .+ಾ/ , ಪಂಚ0ಾ12ಾರರು 3ಾಗೂ #ಬ5ಂ ಯವರು ೆಎ-01 7-6008 ೇ 7ೕಪ8, ೆಎ-42-7-577 ೇ 7ೕ9 3ಾಗೂ ೆಎ-01-7-5383 ೇ ಇ ಾ;ಾ <ಾಹನಗಳ 3ೊರಟು ವ ಗ ನಗರದ @.3ೆA ರ0ೆ, 3ೊ ಾ) ರ0ೆ ಮು;ಾಂತರ 3ೊಳಲೂರು 3ೋಬ ಯ ಾಡಕ-ೇ, ಹDರ ಮEಾFಹ) 12.00 ಗಂ ೆ ೆ ತಲು.2ೆವ8. ತG;ಾH ಾ,ಗಳ Iಾಗ/ದಶ/ನದಂKೆ .+ಾ/ ಮತು ೆರಳL 0ಾ1 ಸಂKೋN ಾಯO ರವರನು) ಆQಾ ತರು ಕತ/ವF Gವ/"ಸುವ ಾಡ ಕ-ೇ, ೆ ಕಳL"#ದರು, #ಬ5ಂ ಗಳನು) ಾಡಕ-ೇ,ಯ ಸುತಲೂ ಅಲ Gಂತು .+ಾ/ ಮತು ೆರಳL0ಾ12ಾರರು Gೕಡುವ ಸಂSೆಯನು) ಗಮGಸುವಂKೆ ಸೂT# ಕಳL"#ದರು. .+ಾ/ ಮತು ೆರಳL 0ಾ12ಾರರು <ಾQಾಸುU ಬಂದು ಆQಾ ತರು ಾಡ ಕ-ೇ,ಯ zÀÄÝ ಮಧFವD/ ಪW ಾX ರವರು ಾಡಕ-ೇ,ಯ ಇಲ2ೇ ಇರುವ8ದನು) ೋY <ಾQಾ ನಮZ §½ §AzÀÄ ¦AiÀiÁ𢠫µÀAiÀÄ D #ದರು ತG;ಾH ಾ,ಗಳL ಮಧFವD/ ಪW ಾX G ೆ \ೕ] ªÀiÁqÀĪÀAvÉ ¦AiÀiÁð¢UÉ w½¹zÀÄÝ, ¦AiÀiÁ𢠥ÀæPÁ±ï ºÀvÀÄÛ ¤«ÄµÀzÀ°è ºÉƼÀ®ÆgÀÄ £ÁqÀPÀbÉÃj ºÀwÛgÀ §gÀÄvÉÎÃ£É C¯Éèà EgÀÄ JAzÀÄ w½¹zÀgÀÄ. CzÀgÀAvÉ ಅದರಂKೆ ಮEಾFಹ) 12-40 ಗಂ ೆಯವ!ೆ ೆ ಾ2ೆವ8 ನಂತರ M§â D¸Á«Ä ¨ÉÊPï£À°è ಾಡಕ-ೇ, ಹDರ ಬಂದು ೈ_ G #ದನು ಆಗ .+ಾ/ ಯು ತG;ಾH ಾ, ಮತು ಪಂಚ!ಾzÀ £ÀªÀÄUÉ ೈ_ನ 3ೋದ ಆ0ಾ`ಯು ಮಧFವD/ ಪW ಾಶ ಎಂದು D #ದರು. ಆಗ ಾವ8 .+ಾ/¢ ºÁUÀÆ ೆರಳL0ಾ1 ೆ ಮಧFವD/ ಪW ಾಶನ ಹDರ Iಾತ ಾY ಆQಾ ತ ಉಪ ತಹ ೕ ಾbc Wೕ ಪರ'ೕX gÀªÀjUÉ CªÀgÀÄ PÉýzÀAvÉ ®AZÀzÀ ºÀtªÀ£ÀÄß PÉÆlÄÖ ªÀ»¹PÉÆqÀĪÀ ¥ÀAZÀ£ÁªÉÄ w½¹zÀAvÉ ¸ÀAeÉÕ ªÀiÁqÀ®Ä w½¹ PÀ¼ÀÄ»¹PÉÆmÉÖªÀÅ. £ÀAvÀgÀ vÀ¤SÁ¢üPÁjAiÀÄzÀ £Á£ÀÄ ¥ÀAZÀ¸ÁQëAiÀiÁzÀ ²æà dUÀ¢Ã±À £ÁAiÀÄÌ J¯ï.ಎ ಮತು PÉ®ªÀÅ ¯ÉÆÃPÁAiÀÄÄPÀÛ C¢üPÁj ºÁUÀÆ ¹§âA¢AiÀĪÀgÀÄ PÁ®Ä£ÀrUÉAiÀÄ°è ¦gÁå¢ ªÀÄvÀÄÛ ೆರಳL 0ಾ12ಾರರನು) »A¨Á°¹PÉÆAqÀÄ D¥Á¢vÀgÀÄ PÀvÀðªÀå ¤ªÀð»¸ÀĪÀ £ÁqÀ PÀbÉÃjAiÀÄ ¸Àé®à zÀÆgÀzÀ°è C®è°è UÀÄ¥ÀÛªÁV ಮ!ೆIಾT ೊಂಡು .+ಾ/ Gೕಡುವ #ಗ)d ಾe ಾಯುKಾ GಂD2ೆbವ8. .+ಾ/ Wೕ ವ!ಾf.Y gÀªÀgÀÄ ಆQಾ ತರು ಕತ/ವF Gವ/"ಸುವ ಾಡಕ-ೇ,ಯ ಒಳಗhೆ 3ೋe ಸುIಾರು 25 G`ಷಗಳ ನಂತರ ¦+ಾF ಯು ಾಡಕ-ೇ, ಂದ 3ೊರ ೆ ಬಂದು ಕರವಸjವನು) Kೆ ೆದು ಮುಖ ಒ!ೆ# ೊಳLlವ ಮೂಲಕ ಸೂಚ ೆ GೕYದರು. ತmಣ ತG;ಾH ಾ,+ಾದ ಾನು ಪಂಚ0ಾ1 Wೕ ಜಗ ೕಶ ಾಯO ಎd.ಎ ಮತು ೋ ಾಯುಕ ಅH ಾ, 3ಾಗೂ #ಬ5ಂ ಗpೆq ಂ ೆ .+ಾ/ ಮತು -6- NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR ೆರಳL 0ಾ12ಾರರ ಬ 3ೋe rsಾ,#2ಾಗ .+ಾ/ 2ಾರರು ಾಡಕ-ೇ,ಯ ಉಪ ತಹ ೕ ಾbcರವರ ೊಠYಯ ಕು Dದb ಒಬ5ರು 3ಾಗೂ GಂDದb ಇ ೊ)ಬ5 ವFuಯನು) Kೋ,#, ಇವ!ೇ ನG)ಂದ ಪಹv IಾY ೊಡಲು ಲಂಚ ಾOe ೇY ೆ ಇಟುw ಲಂಚದ ಹಣವನು) ಮಧFವD/+ಾದ ಪW ಾX ರವರು #xೕಕ,#ರುKಾ!ೆ ಎಂದು ಉಪ ತಹ ೕ ಾbc ರವರ ೊಠYಯ GಂDದb ವFuಯನು) Kೋ,#ದರು 3ಾಗೂ ಪಹv IಾY ೊಡ ೇ ಾeದb ಉಪ ತಹ ೕ ಾbc Wೕ ಪರ'ೕX ರವರು ಇವ!ೇ ಎಂದು ಕುT/ಯ 'ೕ ೆ ಕು Dದb ಇ ೊ)ಬ5 ವFuಯನು) Kೋ,#ದರು. ಕೂಡ ೇ ೋ ಾಯುಕ #ಬ5ಂ ಯವ!ಾದ ಜಯಂತ ೆ.#, ಎ.#, Wೕ ಪರ'ೕX, ಉಪ ತಹ ೕ ಾbc ರವರ ಬಲ ೈಯನು), ಗಂ ಾಧರ @. ೆ ಎ.# ರವರು ಎಡ ೈಯನು) "Yದು ೊಂಡರು. ಮKೊಬ5 ಆQಾ ತ ಮಧFವD/ ಪW ಾX ನ ಬಲ ೈಯನು) ಮಹಂKೇಶ r.ಎ, #3ೆA¹ ರವರು 3ಾಗೂ ೋ..r ಎ.# ರವರು ಎಡ ೈಯ]ನು "Yದು ೊಂಡರು. ಆಗ ಸಮಯ ಸುIಾರು ಮEಾFಹ) 13.10 ಗಂ ೆ+ಾeತು. ತG;ಾH ಾ,+ಾದ ಾನು ಸದ, ಆQಾ ತ, ೆ ನನ) ಗುರುDನ Tೕyಯನು) Kೋ,#, ಪ,ಚ # ೊಂಡು zೊKೆಯ ದb ಪಂಚ0ಾ1 3ಾಗೂ #ಬ5ಂ ಗಳನು) ಪ,ಚಯ IಾY ೊಟುw, ಆQಾ ತರ 3ೆಸರು rpಾಸ ೇಳ ಾe ಅQಾ ತರು ತನ) 3ೆಸರು " Wೕ ಪರ'ೕX ಎ @] ೇ{ <ೆಂಕಟ0ಾx`., <ೆಂಕಟ0ಾx` 59 ವಷ/, ವಷ/ ಬಣzಾರ ಜ ಾಂಗ.
ಾಂಗ ಉಪತಹ ೕ ಾbc, 3ೊಳಲೂರು
ಾಡಕ-ೇ,,
ಾಡಕ-ೇ, ವ ಗ Kಾಲೂಕು,
Kಾಲೂಕು <ಾಸ ೕ. ಮಂತಂ Gಲಯ,
Gಲಯ 18 ೇ ಾW sಾಲುಕF
ನಗರ,
ನಗರ ವ ಗ,
ಗ ಸxಂತ ಊರು,
ಊರು 0ೇ<ಾನಗರ
0ೇ<ಾನಗರ,
<ಾನಗರ ಚನ)e, Kಾಲೂಕು,
Kಾಲೂಕು 2ಾವಣ ೆ!ೆ 7 ೆ.ೆ
ೈd ನಂ:
ನಂ 9448814144" ಎಂಬು2ಾe D #ದರು. ನಂತರ ತG;ಾH ಾ,ಯು ಸದ, ೊಠYಯ ದb ಮKೊಬ5 ವFuಯನು) Kೋ,# ಇವರು +ಾರು ಎಂದು ೇ 2ಾಗ ಈತನು ನನ) ಸ3ಾಯಕ ಇವನು ಸುIಾರು 1 ವಷ/ ಂದ ನ ೊ)ಂ ೆ ಾನು 3ೇ ದ ೆಲಸಗಳನು) IಾY ೊಂಡು ಇರುKಾ ೆ ಎಂದು D #ದರು. ಆತನ 3ೆಸರು rpಾಸ ೇಳ ಾe " Wೕ ಪW ಾX ಾಯO ಎd.ಎ ಎd ಎ @] ೋ ೇX ಾಯO, ಾಯO 32 ವಷ/, ವಷ/ ಬಣzಾರ ಜ ಾಂಗ, ಾಂಗ ಉಪ ತಹ ೕ ಾbc ರವರ ಮಧFವD/, ಮಧFವD/ 3ಾಗೂ ಕೂ ೆಲಸ, ೆಲಸ <ಾಸ ಅಬ5ಲ ೆ!ೆ ಾWಮ, ಾWಮ ವ ಗ ೈd ನಂ 8152943081" ಎಂದು D #ದನು. ಸದ,ಯವ, ೆ .+ಾð 2ಾರ!ಾದ Wೕ ವ!ಾf.Y @] ದುಗ/ಪ~ ರವರು GೕYರುವ ದೂ,ನ 'ೕ!ೆ ೆ GಮZ rರುದ• ವ ಗ ೋ ಾಯುಕ ೕ ಾ ೆಯ ಅಪ!ಾಧ ಸಂ;ೆF: 08/2023 ಕಲಂ.7(a),7(A) ಭW•ಾwsಾರ ಪWDಬಂಧಕ ಾ 2ೆ-1988 (DದುbಪY ಾ‚b-2018) ರ ಪW ಾರ ಪWಕರಣವನು) ೋಂ2ಾ #, ತG;ೆಯನು) ೈ ೊಂYರುವ82ಾe D ಸ ಾ ತು. ನಂತರ ಆQಾ ತ!ಾದ Wೕ. ಪರ'ೕX.ಎ , ಉಪ ತಹ ೕ ಾbc 3ಾಗೂ ಮಧFವD/ ಪW ಾX ಾಯO ಇವರುಗ ೆ .+ಾ/ Wೕ ವ!ಾf.Y ಇವರನು) Kೋ,#, ಸದ,ಯವರ ಪ,ಚಯ ಇ2ೆ‚ೕ ಎಂದು ೇ 2ಾಗ ಆQಾ ತರು "3ೌದು 3ೌದು"
3ೌದು ಇವರು 0ಾಗುವ Tೕy ಆEಾರದ 'ೕ ೆ ಪಹv IಾY ೊಡಲು ಅ7/ GೕYರುKಾ!ೆ ಎಂಬು2ಾe D #ದರು.
ಆQಾ ತ Wೕ ಪರ'ೕX.ಎ , ಉಪ ತಹ ೕ ಾbc ರವರ 'ೕ ಾH ಾ,+ಾದ Wೕ ಾಗ!ಾf ತಹ ೕ ಾbc, Kಾಲೂಕು ಕ-ೇ,, ವ ಗ ರವರನು) ೈd ಮೂಲಕ -7- NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR ಸಂಪu/# 3ೊಳಲೂರು ಾಡಕ-ೇ,ಯ ಉಪ ತಹ ೕ ಾbc Wೕ ಪರ'ೕX.ಎ ರವರ ಮಧFವD/ Wೕ ಪW ಾX ಾಯO ರವರು ಲಂಚದ ಹಣವನು) #xೕಕ,#ರುKಾ!ೆ. ಆದb,ಂದ Wೕ ಪರ'ೕX.ಎ ಉಪ ತಹ ೕ ಾbc ರವರು ಾ ಾ ಗು ೆ) ನಂ 08/2023 ರ ಅQಾ ತ!ಾeದುb, Kಾವ8 ಾಡಕ-ೇ,, 3ೊಳಲೂ, ೆ ಬಂದು ಪWಕರಣದ ತG;ೆ ೆ ಸಹಕ,ಸ ೇ ೆಂದು ೋ,2ೆ.
ನಂತರ ತG;ಾH ಾ,+ಾದ ಾನು GೕYದ ಸೂಚ ೆಯಂKೆ #ಬ5ಂ Wೕ. ಸು!ೇಂದW 3ೆA.7 ರವರು ಆ!ೋ.ಯ ಮುಂ„ಾಗದ ದb ೇಬd 'ೕ ೆ ಪWuW‚ಯನು) QಾWರಂ...#ದುb, 04 ಾ7ನ ೌdಗ ೆ Y#wd <ಾಟc ಅನು) 3ಾu, ಅದ ೆO 0ೋYಯಂ ಾ ೋ/ ೇ{ ಪ8Yಯನು) `ಶWಣ IಾY 2ಾWವಣವನು) ತ+ಾ,#ದರು. ಾಲುO ಬಟwಲುಗ ಂದ Iಾದ, ಾe ಸxಲ~-ಸxಲ~ 2ಾWವಣವನು) Kೆ ೆದು, ಒಂದು Qಾ#w_ ಾಟdನ †ೇಖ,#, ಅದನು) ಆy/ಕd ನಂ-07 ಎಂದು ಗುD/ಸ ಾ ತು.
ನಂತರ ಅQಾ ತ ಮಧFವD/ Wೕ ಪW ಾX ಾಯO ರವರ ಬಲ ೈ ೆರಳLಗಳನು) ೋ ಾಯುಕ ೕ ಾ ೆಯ #ಬ5ಂ +ಾದ ಮಹಂKೇಶ.r.ಎ #3ೆA¹ ರವರ ಸ3ಾಯ2ೊಂ ೆ §lÖ°£À°èzÀÝ ¸ÉÆÃrAiÀÄA ಾ ೋ/ ೇ{ 2ಾWವಣದ ಅ b Kೊpೆ#2ಾಗ, 2ಾWವಣವ8 ಕಡು ಗು ಾ@ ಬಣ‡ ೆO ಬದ ಾವ ೆ+ಾeರುತ2ೆ. ¸ÀzÀj 2ಾWವಣವನು) ಒಂದು ;ಾ Qಾ#w_ ಾಟ ಯ †ೇಖ,# ಮುಚˆಳ ಮುTˆ ಬ ೆw ಕyw ಆy/ಕd ನಂ-8 ಎಂದು ಗುರುDಸ ಾ ತು. ಇ2ೇ ,ೕD ಆQಾ ತ ಮಧFವD/ Wೕ. ಪW ಾX ಾಯO ರವರ ಎಡ ೈ ೆರಳLಗಳನು) ೋ ಾಯುಕ ೕ ಾ ೆಯ #ಬ5ಂ +ಾದ ೋ..r, ಎ.# ರವರ ಸ3ಾಯ2ೊಂ ೆ ಮKೊಂದು ಬಟw ನ ದb 0ೋYಯಂ ಾ ೋ/ ೇ{ 2ಾWವಣದ ಅ b Kೊpೆ#2ಾಗ, 2ಾWವಣವ8 ಗು ಾ@ ಬ ಾ‡PÉÌ ಬದ ಾವ ೆ+ಾ ತು. ಈ 2ಾWವಣವನು) ಒಂದು ;ಾ Qಾ#w_ ಾಟ ಯ †ೇಖ,# ಮುಚˆಳ ಮುTˆ, ಬ ೆw ಕ ೆw ಆy/ಕd ನಂ-09 ಎಂದು ಗುರುDಸ ಾ ತು.
ನಂತರ .+ಾ/ ಮತು ೆರಳL0ಾ1 Wೕ ಸಂKೋN ಾಯO ಎ ರವ, ೆ ಲಂಚದ ಹಣದ ಬ ೆ rsಾ,#2ಾಗ ಉಭಯತರು ಮಧFವD/ ಪW ಾಶ ನು ಲಂಚದ ಹಣವನು) ಉಪ ತಹ ೕ ಾbc ರವ, ೆ ೊಡುKೇ ೆಂದು ಾಡಕ-ೇ, 0ಾವ/ಜGಕರು ಕು ತು ೊಳLlವ 3ಾd (ಪಡ0ಾ ೆ) ನ #xೕಕ,# ಉಪ ತಹ ೕ ಾbc ರವರ ೊಠY ೆ 3ೋe ಹಣವನು) GೕYದುb, ಉಪ ತಹ ೕ ಾbc ಪರ'ೕX.ಎ ರವರು ಹಣವನು) ತಮZ ಬಲ ೈಯ "Yದು ೊಂಡು 3ೊರ ೆ ೋY ಅನುIಾನ ೊಂಡು ಕೂಡ ೇ ಹಣವನು) Gನ) ಬ ‚ೕ ಇಟುw ೋ ಆ'ೕ ೆ ೊಡುವಂKೆ 3ೇ ಲಂಚದ ಹಣವನು) <ಾQಾ ಮಧFವD/ ಪW ಾಶ ಾಯOG ೆ "ಂDರುe#ದರು. ಆಗ ಪW ಾX ಾಯO ರವರು ಲಂಚದ ಹಣವನು) ತನ) QಾFಂ{ ನ "ಂ„ಾಗದ ಬಲ zೇ@ನ ಇಟುw ೊಂಡನು ಎಂದು D #ದರು. ನಂತರ ತG;ಾH ಾ, 3ಾಗೂ ಪಂಚ!ಾದ Wೕ ಜಗ ೕಶ ಾಯO ರವರ ಸೂಚ ೆಯಂKೆ ೆರಳL0ಾ1 Wೕ ಸಂKೋN ಾಯO ರವರು -8- NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR ಮಧFವD/ Wೕ ಪW ಾX ಾಯO ರವರ QಾFಂ{ ನ "ಂ„ಾಗದ ಬಲ zೇ@Gಂದ ಲಂಚದ ಹಣವನು) Kೆ ೆದು 3ಾಜರುಪY#ದರು. ಪ, ೕ #ದುb, ಒಟುw 30,000/- ರೂQಾ ಗ ದುb, 500/-ರೂ ಮುಖ ೆ ೆಯ 60 ೋಟುಗ ರುತ<ೆ. ಆ ೋಟುಗಳನು) ವ"# ೊಡುವ ಪಂಚ ಾ'ಯ ಸಮಯದ ಪಂಚ0ಾ1 Wೕ. ಜಗ ೕಶ ಾಯO ರವ, ೆ GೕYದb, ಸದ, ೋಟುಗಳ ಕWಮ ಸಂ;ೆF ಮತು ಮುಖ ೆ ೆಯನು) ಬ!ೆ ದb @ 3ಾpೆಯ ಇರುವ ಕWಮಸಂ;ೆFŠಂ ೆ 3ೋ ೆ Iಾಡಲು ಪಂಚ0ಾ12ಾರ, ೆ D #ದುb, ಅದರಂKೆ ಪಂಚ0ಾ1 Wೕ. ಸಂKೋN ಾಯO ರವರು ೋಟುಗಳ ಕWಮಸಂ;ೆF ಮತು ಮುಖ ೆ ೆಯನು) 3ೇ ದಂKೆ ಪಂಚ0ಾ1 Wೕ. ಜಗ ೕX ಾಯO ರವರು !ೈ{ Iಾ_/ Iಾಡುವ ಮೂಲಕ ಪ, ೕ #ದುb, Kಾpೆ+ಾeರುತ<ೆ. ಸದ, ೋಟುಗಳ ಕWಮ ಸಂ;ೆF ಮತು ಮುಖ ೆ ೆ ನಂಬc ಈ ೆಳಕಂಡಂKೆ ಇರುತ2ೆ.
-9- NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR 'ೕಲOಂಡ ೋಟುಗಳನು) ಪಂಚ0ಾ1 Wೕ ಸಂKೋN ಾಯO ರವ,ಂದ ಒಂದು Qಾರದಶ/ಕ Qಾ#wPï ಕವcನ ಇಟುw, ;ಾu ಕವcನ 3ಾu, ಆ ಕವcನು) ಗªÀiïGಂದ ಅಂy# ಆy/ಕd ನಂ-10 ಎಂದು ಗುರುDಸ ಾ ತು.
ನಂತರ ಲಂಚದ ಹಣವನು) ಮಧFವD/ ಪW ಾX ಾಯO #xೕಕ,# ತನ) QಾFಂ{ ನ "ಂ„ಾಗದ ಬಲ zೇ@ನ ಇಟುw ೊಂYದb,ಂದ ಮಧFವD/ ಪW ಾX ಾಯO G ೆ ಒಂದು ಪಂsೆಯನು) ೊಟುw, ಪಂsೆ ಉಟುw ೊಂಡು QಾFಂ{ @Tˆ ೊಡಲು D #ದ 'ೕ!ೆ ೆ ಮಧFವD/ ಪW ಾX ಾಯO ತನ) QಾFಂ{ನು) @Tˆ ೊywದುb, #ಬ5ಂ Wೕ ಸು!ೇಂದW 3ೆA.7 ರವರು QಾFಂ{ ನ "ಂ„ಾಗದ ಬಲ zೇಬನು) 0ೋYಯಂ ಾ ೋ/ ೇ{ ಇರುವ 2ಾWವಣದ ಅ¢Ý# Kೊpೆ2ಾಗ, 2ಾWವಣವ8 D ಗು ಾ@ ಬಣ‡ ೆO ಬದ ಾeರುತ2ೆ. ಸದ, 2ಾWವಣವನು) ಒಂದು ;ಾ Qಾ#w_ ಾಟ ಯ †ೇಖ,#, ಮುಚˆಳ ಮುTˆ, ಬ ೆw ಕyw ಆy/ಕd ನಂ-11 ಎಂದು ಗುರುDಸ ಾ ತು. ಅಲ2ೇ ಸದ, QಾFಂ{ನು) ಪ, ೕ ಸ ಾe ಬೂದು ಬಣ‡ದ ಕಪ8~ ೆ!ೆಗ ರುವ sೌಕ ಯ ೆ, ಾ{ QಾFಂ{ ಆeದುb, ಸದ, QಾFಂ{ ನು) ‹ಾF] ಾ ಯ ಒಣe#. ಒಂದು Qಾ#w_ ಕವcನ ಇಟುw, ಅದನು) ಒಂದು Gೕ ಕವcನ 3ಾu, ಗŒ IಾY, ಅy/ಕd ನಂ-12 ಎಂದು ಗುರುDಸ ಾ ತು.
ನಂತರ ಲಂಚದ ಹಣವನು) ಮಧFವD/ ಪW ಾX ಾಯO ನ QಾFಂ{ zೇ@Gಂದ Kೆ ೆದು ಎv#, Kಾpೆ ೋYದ ೆರಳL 0ಾ1 Wೕ ಸಂKೋN ಾಯO ರವರ ಎರಡು ೈಗಳ ೆರಳLಗಳನು) 0ೋYಯಂ ಾ ೋ/ ೇ{ 2ಾWವಣದ ಅ b Kೊpೆ#2ಾಗ, 2ಾWವಣವ8 ಗು ಾ@ ಬಣ‡ ೆO ಬದ ಾವ ೆ+ಾ ತು. ಈ 2ಾWವಣವನು) ಒಂದು ;ಾ Qಾ#w_ ಾಟ ಯ †ೇಖ,#, ಮುಚˆಳ ಮುTˆ, ಬ ೆw ಕyw ಆy/ಕd ನಂ-13 ಎಂದು ಗುರುDಸ ಾ ತು.
ನಂತರ .+ಾ/ ಯ 3ೆಂಡD ೆ ಮಂಜೂ!ಾದ 0ಾಗುವ TೕyಯಂKೆ ಪಹv IಾY ೊಡಲು ಲಂಚ ೆO ೇY ೆ ಇywದb ಆQಾ ತ Wೕ ಪರ'ೕX.ಎ , ಉಪ ತಹ ೕ ಾbc ರವರ ೈ ೆರಳLಗಳನು) 0ೋYಯಂ ಾ ೋ/ ೇ{ 2ಾWವಣದ Kೊpೆಯುವ ಸಲು<ಾe ಎರಡು ಾ7ನ ಬಟwಲುಗಳ 0ೋYಯಂ ಾ ೋ/ ೇ{ 2ಾWವಣವನು) ತ+ಾರು IಾY ಎರಡೂ ಬಟwಲುಗ ಂದ Iಾದ, ಾe ಸxಲ~ 2ಾWವಣವನು) ಒಂದು Qಾ#w_ ಾಟdನ †ೇಖ,# ಮುಚˆಳ ಮುTˆ ಬ ೆw ಕyw ಆy/ಕd ನಂ-14 ಎಂದು ಗುರುDಸ ಾ ತು. ನಂತರ ಅQಾ ತ Wೕ ಪರ'ೕX.ಎ ಉಪ ತಹ ೕ ಾbc ರವರ ಬಲ ೈ ೆರಳLಗಳನು) ೋ ಾಯುಕ ೕ ಾ ೆಯ #ಬ5ಂ +ಾದ ಜಯಂತ ೆ.# ಎ.# ರವರ ಸ3ಾಯ2ೊಂ ೆ ಬಟw ನ ದb 0ೋYಯಂ ಾ ೋ/ ೇ{ 2ಾWವಣದ ಅ b Kೊpೆ#2ಾಗ, 2ಾWವಣವ8 D ಗು ಾ@ ಬಣ‡ ೆO ಬದ ಾವ ೆ+ಾeರುತ2ೆ. ಸದ, 2ಾWವಣವನು) ಒಂದು ;ಾ Qಾ#w_ ಾಟ ಯ †ೇಖ,# ಮುಚˆಳ ಮುTˆ ಬ ೆw ಕyw ಆy/ಕd ನಂ-15 ಎಂದು ಗುರುDಸ ಾ ತು. ಇ2ೇ ,ೕD ಆQಾ ತ Wೕ ಪರ'ೕX.ಎ ಉಪ ತಹ²Ã ಾbc ರವರ ಎಡ ೈ ¨ÉgÀ¼ÀÄUÀ¼À£ÀÄß ೋ ಾಯುಕ ೕ ಾ ೆಯ #ಬ5ಂ +ಾದ ಗಂ ಾಧರ @. ೆ,
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR ಎ.# ರವರ ಸ3ಾಯ2ೊಂ ೆ ಮುvÉÆÛAzÀÄ ಬಟw ನ ದb 0ೋYಯಂ ಾ ೋ/ ೇ{ 2ಾWವಣದ ಅY• vÉÆpೆ#2ಾಗ, 2ಾWವಣವ8 +ಾವ82ೇ §ಣ‡PÉÌ ಬದ ಾವ ೆ+ಾeರುವ8 ಲ. ಈ 2ಾWವಣವನು) ಒಂದು ;ಾ Qಾ#w_ ಾಟ ಯ †ೇಖ,# ಮುಚˆಳ ಮುTˆ ಬ ೆw ಕyw ಆy/ಕd ನಂ-16 ಎಂದು ಗುರುDಸ ಾ ತು.
ನಂತರ ಆQಾ ತ Wೕ ಪರ'ೕX.ಎ , ಉಪ ತಹ ೕ ಾbc ರವರ 'ೕ ಾH ಾ,+ಾದ Wೕ. ಎ .f. ಾಗ!ಾf @] ಎ].ಜಯಪ~, ತಹ ೕ ಾbc, Kಾಲೂಕು ಕ-ೇ,, ವ ಗ <ಾಸ: 13 ೇ ಾW , #ದb!ಾ'ೕಶxರ G<ಾಸ, ಚನ) ೇಶವ ನಗರ, ಾ,ಪ8ರ ರವರು ಾಡಕ-ೇ, ೆ 3ೊಳಲೂ, ೆ 3ಾಜ!ಾeದುb, ಸದ,ಯವ, ೆ ಪಂಚ ಾ' ೆ ಸಹಕ,ಸುವಂKೆ ೋ, ೊಂಡ 'ೕ!ೆ ೆ ಒ.~ ೊಂಡರು. ಆQಾ ತ Wೕ ಪರ'ೕX.ಎ . ಉಪತಹ ೕ ಾbc ರವರ 'ೕ ಾH ಾ,ಯವ, ೆ ಆQಾ ತರ ಬ ೆ rsಾ,ಸ ಾe ಆQಾ ತ!ಾದ Wೕ. ಪರ'ೕX.ಎ ರವರು 3ೊಳಲೂರು 3ೊಬ ಯ ಾಡಕ-ೇ,ಯ ಉಪತಹ ೕ ಾbc ಆe ಾಂಕ: 01-08-2022 ,ಂದ ಕತ/ವF Gವ/"ಸುDರುವ82ಾe D #ದರು. ಸದ,ಯವ, ೆ .+ಾ/ 2ಾರರನು) Kೋ,# ಪ,ಚ #, ಇವರು ವ ಗ Kಾಲೂಕು, 3ೊಳಲೂರು 3ೋಬ , ಾFತನ ೊಪ~ ಾWಮ <ಾ#+ಾeದುb, ಇವರು ಮತು ಇವರ 3ೆಂಡD ೆ ಜಂy+ಾe ಸ ಾ/ರ ಂದ ದನಗ ೆ ಮುಫತು ೕ•/ ೆ ಆY ಬಗc ಹುಕುಂ 0ಾಗುವ ಸಕW`ೕಕ,# ಸ<ೆ/ ನಂಬc 49 ರ 2 ಎಕ!ೆ 03 ಗುಂ ೆ ಜ`ೕನು ಮಂಜೂ!ಾe 0ಾಗುವ Tೕy GೕYರುKಾ!ೆ. ಸದ, 0ಾಗುವ Tೕy 3ಾಗೂ ತಹ ೕ ಾbc ವ ಗ ರವರ ಆ2ೇಶದಂKೆ ಪಹv IಾY ೊಡಲು .+ಾ/ದು2ಾರ,ಂದ 40,000/- ರೂ ಲಂಚದ ಹಣವನು) ಮಧFವD/ Wೕ ಪW ಾಶ ಾಯO ರವರ ಮು;ಾಂತರ ೇY ೆ ಇywರುKಾ!ೆ. ಅದರಂKೆ .+ಾ/ ಂದ ಈ ವಸ 3ೊಳಲೂರು ಾಡ ಕ-ೇ,ಯ 30,000/-ರೂ ಲಂಚದ ಹಣವನು) ಮಧFವD/ Wೕ ಪW ಾಶ ಾಯO #xೕಕ,# ನಂತರ ಆQಾ ತ Wೕ ಪರ'ೕX.ಎ , ಉಪ ತಹ ೕ ಾbc ರವರ ೊಠYಯ ಮಧFವD/Šಂ ೆ Iಾತ ಾಡುDರು<ಾಗ ಾW•9 Iಾಡ ಾeರುತ2ೆ. .+ಾ/ 2ಾರ, ೆ ಸಂಬಂH#ದ 2ಾಖ ೆ, ಕ-ೇ,ಯ 3ಾಜ!ಾD ಪ8ಸಕ ಮತು ನಗದು 'ೂೕಷ ಾ ವ"ಯ ನಕಲುಗಳನು) ದೃ"ೕಕ,# Gೕಡಲು ತಹ ೕ ಾbc ವ ಗ ರವ, ೆ ಮನr ಪತW GೕYರುತ2ೆ.
ಾಂಕ:-22-08-2023 ರಂದು ವ"# ೊಡುವ ಪಂಚ ಾ'ಯ ಸಮಯದ .+ಾ/ Šಂ ೆ ಆQಾ ತ ಮಧFವD/ Wೕ ಪW ಾX ಾಯO 3ಾಗೂ \ೕ] ಾd ಾ£Àá!ೆ]U ಮು;ಾಂತರ ಆQಾ ತ Wೕ ಪರ'ೕX.ಎ ಉಪತಹ ೕ ಾbc ರವರು .+ಾ/ ಂದ ಲಂಚದ ಹಣ ಾOe ೇY ೆ ಇywದb ಆYŠೕ !ೆ ಾ"/ ಇರುವ ಆy/ಕd ನಂ-2 ರ #.Y ಯನು) ಪಂಚ0ಾ1 Wೕ ಜಗ ೕಶ ಾಯO ರವ,ಂದ ಪhೆದು #ಬ5ಂ ಸು!ೇಂದW 3ೆA.7 ರವರ ಸ3ಾಯ ಂದ ಾF¥ï mÁ9 ನ 3ಾu Qೇ IಾYದುb ಸದ, ಸಂ„ಾಷ ೆಯನು) Wೕ ಎ].zೆ ಾಗ!ಾf, ತಹ ೕ ಾbc, Kಾಲೂಕು ಕ-ೇ,, ವ ಗ ರವ, ೆ 3ಾಗೂ ಪಂಚ0ಾ12ಾರ, ೆ ೇ #ದುb, ಸಂ„ಾಷ ೆಯ QಾWರಂಭದ .+ಾ/ ಮತು
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR ಮಧFವD/ ಪW ಾX ಾಯO ರವರು ಕನ)ಡದ Iಾತ ಾYದುb, ನಂತರ ಮಧFವD/ ಪW ಾX ಾಯOನು .+ಾ/ ೆ Gೕನು ೈ]ನ ಸುಮZ ೆ ಇರು Yy ರವರ ಹDರ ಾd ಾ£Àá!ೆ]U ಮು;ಾಂತರ Iಾತ ಾಡುKೇ ೆ ಎಂದು 3ೇ ಆQಾ ತ ಪರ'ೕX.ಎ ರವ, ೆ ,ಂ• IಾYದುb, ಪರ'ೕX ಮತು ಮಧFವD/ ಪW ಾಶ ಾAiÀÄÌ ರವರು ಲಂ ಾv „ಾ•ೆಯ Iಾತ ಾYದುb, ಆQಾ ತ ಪರ'ೕX.ಎ ರವರ 'ೕ ಾH ಾ,ಯು ಸಂ„ಾಷ ೆಯ ರುವ ಲಂ ಾv „ಾ•ೆಯ Iಾತ ಾYದ ಒಂದು ಧ-Gಯು 3ೊಳಲೂರು ಾಡಕ-ೇ,ಯ ಉಪತಹ ೕ ಾbc ಪರ'ೕX.ಎ ರವರ2ಾbeರುತ2ೆ ಎಂದು ದೃ"ೕಕ,#ದರು. ಇ ೊ)ಂದು ಲಂ ಾv „ಾ•ೆಯ 3ಾಗೂ ಕನ)ಡದ .+ಾ/ Šಂ ೆ Iಾತ ಾYದ ಸಂ„ಾಷ ೆಯು ಉಪತಹ ೕ ಾbc ಪರ'ೕX.ಎ ರವರ ಮಧFವD/ ಪW ಾX ಾಯO ರವರ2ಾbeರುತ2ೆ ಎಂದು ದೃ"ೕಕ,#ದರು."
The trap mahazar clearly indicates that the petitioner was caught in possession of currency notes and the numbers on the currency notes is also indicated in the trap mahazar.
Therefore, it was a case of successful trap and the petitioner was made to undergo Phenolphthalein test, which resulted in positive qua the petitioner.
7. In the light of the aforesaid circumstances and admitted facts, whether this Court should entertain a petition under Section 482 of the Cr.P.C. need not detain for long or delve deep into the matter. This Court in an identical circumstance, in the case of BASAVARAJ I. VS. STATE in Crl.P.No.8776/2024 disposed on 02.06.2025, this Court has held as follows:
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR "7. The afore-narrated facts are borne out from the pleadings, the complaint or the trap mahazar.
Therefore, they would not be necessary to be reiterated again. Before embarking upon consideration of the case of the petitioner on its merits, I deem it appropriate to notice the elucidation of law by the Apex Court in the pre and post amendment to the Act. The provisions of the Act that are alleged are as follows:
"7. Offence relating to public servant being bribed.--Any public servant who,--
(a) obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention to perform or cause performance of public duty improperly or dishonestly or to forbear or cause forbearance to perform such duty either by himself or by another public servant; or
(b) obtains or accepts or attempts to obtain, an undue advantage from any person as a reward for the improper or dishonest performance of a public duty or for forbearing to perform such duty either by himself or another public servant; or
(c) performs or induces another public servant to perform improperly or dishonestly a public duty or to forbear performance of such duty in anticipation of or in consequence of accepting an undue advantage from any person, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
Explanation 1.--For the purpose of this section, the obtaining, accepting, or the attempting to obtain an undue advantage shall itself constitute an offence even if the performance of a public duty by public servant, is not or has not been improper.
Illustration.--A public servant, 'S' asks a person, 'P' to give him an amount of five
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR thousand rupees to process his routine ration card application on time. 'S' is guilty of an offence under this section.
Explanation 2.--For the purpose of this section,--
(i) the expressions "obtains" or "accepts" or "attempts to obtain" shall cover cases where a person being a public servant, obtains or "accepts" or attempts to obtain, any undue advantage for himself or for another person, by abusing his position as a public servant or by using his personal influence over another public servant; or by any other corrupt or illegal means;
(ii) it shall be immaterial whether such person being a public servant obtains or accepts, or attempts to obtain the undue advantage directly or through a third party.] 7-A. Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence.--Whoever accepts or obtains or attempts to obtain from another person for himself or for any other person any undue advantage as a motive or reward to induce a public servant, by corrupt or illegal means or by exercise of his personal influence to perform or to cause performance of a public duty improperly or dishonestly or to forbear or to cause to forbear such public duty by such public servant or by another public servant, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
... ... ...
12. Punishment for abetment of offences.--
Whoever abets any offence punishable under this Act, whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR less than three years, but which may extend to seven years and shall also be liable to fine.
13. Criminal misconduct by a public servant.--(1) A public servant is said to commit the offence of criminal misconduct,--
(a) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or any property under his control as a public servant or allows any other person so to do; or
(b) if he intentionally enriches himself illicitly during the period of his office.
Explanation 1.--A person shall be presumed to have intentionally enriched himself illicitly if he or any person on his behalf, is in possession of or has, at any time during the period of his office, been in possession of pecuniary resources or property disproportionate to his known sources of income which the public servant cannot satisfactorily account for.
Explanation 2.--The expression "known sources of income" means income received from any lawful sources.
(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than four years but which may extend to ten years and shall also be liable to fine."
(Emphasis supplied) Section 7 directs that any public servant who accepts or attempts to obtain from any person undue advantage with an intention to perform or cause performance of public duty or to forbear such performance either by himself or by another public servant is said to have committed the offence of bribe. Therefore the soul of Section 7(a) is demand and acceptance for the performance of public duty or forbearance of such performance. Section 7A deals with taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence. The section mandates that whoever accepts or obtains or attempts to obtain from another person for himself or for
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR any other person undue advantage for performance of a public duty or its forbearance is amenable for punishment. Here again it should be demand and acceptance by himself or through some other person. Section 12 deals with abatement of offence which cannot be applicable to the petitioner. Section 13(2) deals with punishment for criminal misconduct. Criminal misconduct is defined in Section 13(1)(a) that whoever dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or enriches himself illicitly during the period of his office. These are the offences alleged against the petitioner. Since the soul is Section 7 either under the un-amended Act or under the amended Act, the interpretation of Section 7(a) or Section 7A by the Apex Court qua un- amended Act or the amended Act is germane to be noticed.
INTERPRETATION UNDER THE UN-AMENDED ACT:
8. The Apex Court in the case of B.JAYARAJ v. STATE OF ANDHRA PRADESH1 interprets Section 7 of the Act and holds as follows:
"7. Insofar as the offence under Section 7 is concerned, it is a settled position in law that demand of illegal gratification is sine qua non to constitute the said offence and mere recovery of currency notes cannot constitute the offence under Section 7 unless it is proved beyond all reasonable doubt that the accused voluntarily accepted the money knowing it to be a bribe. The above position has been succinctly laid down in several judgments of this Court. By way of illustration reference may be made to the decision in C.M. Sharma v. State of A.P. [(2010) 15 SCC 1 : (2013) 2 SCC (Cri) 89] and C.M. Girish Babu v. CBI [(2009) 3 SCC 779: (2009) 2 SCC (Cri) 1]."
(Emphasis supplied) In the case of N.VIJAYAKUMAR v. STATE OF TAMILNADU2 the Apex Court holds as follows:
1(2014) 13 SCC 55
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR "26. It is equally well settled that mere recovery by itself cannot prove the charge of the prosecution against the accused. Reference can be made to the judgments of this Court in C.M. Girish Babu v. CBI [C.M. Girish Babu v. CBI, (2009) 3 SCC 779 : (2009) 2 SCC (Cri) 1] and in B. Jayaraj v. State of A.P. [B. Jayaraj v. State of A.P., (2014) 13 SCC 55 : (2014) 5 SCC (Cri) 543] In the aforesaid judgments of this Court while considering the case under Sections 7, 13(1)(d)(i) and (ii) of the Prevention of Corruption Act, 1988 it is reiterated that to prove the charge, it has to be proved beyond reasonable doubt that the accused voluntarily accepted money knowing it to be bribe. Absence of proof of demand for illegal gratification and mere possession or recovery of currency notes is not sufficient to constitute such offence. In the said judgments it is also held that even the presumption under Section 20 of the Act can be drawn only after demand for and acceptance of illegal gratification is proved. It is also fairly well settled that initial presumption of innocence in the criminal jurisprudence gets doubled by acquittal recorded by the trial court.
27. The relevant paras 7, 8 and 9 of the judgment in B. Jayaraj [B. Jayaraj v. State of A.P., (2014) 13 SCC 55 : (2014) 5 SCC (Cri) 543] read as under: (SCC pp. 58-59) "7. Insofar as the offence under Section 7 is concerned, it is a settled position in law that demand of illegal gratification is sine qua non to constitute the said offence and mere recovery of currency notes cannot constitute the offence under Section 7 unless it is proved beyond all reasonable doubt that the accused voluntarily accepted the money knowing it to be a bribe. The above position has been succinctly laid down in several judgments of this Court. By way of illustration, reference 2 (2021) 3 SCC 687
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NC: 2025:KHC:49642
CRL.P No. 13185 of 2023
HC-KAR
may be made to the decision in C.M.
Sharma v. State of A.P. [C.M.
Sharma v. State of A.P., (2010) 15 SCC 1 :
(2013) 2 SCC (Cri) 89] and C.M. Girish Babu v. CBI [C.M. Girish Babu v. CBI, (2009) 3 SCC 779 : (2009) 2 SCC (Cri) 1] .
8. In the present case, the complainant did not support the prosecution case insofar as demand by the accused is concerned. The prosecution has not examined any other witness, present at the time when the money was allegedly handed over to the accused by the complainant, to prove that the same was pursuant to any demand made by the accused. When the complainant himself had disowned what he had stated in the initial complaint (Ext. P-11) before LW 9, and there is no other evidence to prove that the accused had made any demand, the evidence of PW 1 and the contents of Ext. P- 11 cannot be relied upon to come to the conclusion that the above material furnishes proof of the demand allegedly made by the accused. We are, therefore, inclined to hold that the learned trial court as well as the High Court was not correct in holding the demand alleged to be made by the accused as proved. The only other material available is the recovery of the tainted currency notes from the possession of the accused. In fact such possession is admitted by the accused himself. Mere possession and recovery of the currency notes from the accused without proof of demand will not bring home the offence under Section 7. The above also will be conclusive insofar as the offence under Sections 13(1)(d)(i) and (ii) is concerned as in the absence of any proof of demand for illegal gratification, the use of corrupt or illegal means or abuse of position as a public servant to obtain any valuable thing or pecuniary advantage cannot be held to be established.
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR
9. Insofar as the presumption permissible to be drawn under Section 20 of the Act is concerned, such presumption can only be in respect of the offence under Section 7 and not the offences under Sections 13(1)(d)(i) and (ii) of the Act. In any event, it is only on proof of acceptance of illegal gratification that presumption can be drawn under Section 20 of the Act that such gratification was received for doing or forbearing to do any official act. Proof of acceptance of illegal gratification can follow only if there is proof of demand. As the same is lacking in the present case the primary facts on the basis of which the legal presumption under Section 20 can be drawn are wholly absent."
The abovesaid view taken by this Court fully supports the case of the appellant. In view of the contradictions noticed by us above in the depositions of key witnesses examined on behalf of the prosecution, we are of the view that the demand for and acceptance of bribe amount and cellphone by the appellant, is not proved beyond reasonable doubt. Having regard to such evidence on record the acquittal recorded by the trial court is a "possible view" as such the judgment [State of T.N. v. N. Vijayakumar, 2020 SCC OnLine Mad 7098] of the High Court is fit to be set aside. Before recording conviction under the provisions of the Prevention of Corruption Act, the courts have to take utmost care in scanning the evidence. Once conviction is recorded under the provisions of the Prevention of Corruption Act, it casts a social stigma on the person in the society apart from serious consequences on the service rendered. At the same time it is also to be noted that whether the view taken by the trial court is a possible view or not, there cannot be any definite proposition and each case has to be judged on its own merits, having regard to evidence on record."
(Emphasis supplied)
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR The Apex Court, later, in the case of K.SHANTHAMMA v. STATE OF TELANGANA3 has held as follows:
"10. We have given careful consideration to the submissions. We have perused the depositions of the prosecution witnesses. The offence under Section 7 of the PC Act relating to public servants taking bribe requires a demand of illegal gratification and the acceptance thereof. The proof of demand of bribe by a public servant and its acceptance by him is sine qua non for establishing the offence under Section 7 of the PC Act.
11. In P. Satyanarayana Murthy v. State of A.P. [P. Satyanarayana Murthy v. State of A.P., (2015) 10 SCC 152 : (2016) 1 SCC (Cri) 11] , this Court has summarised the well-settled law on the subject in para 23 which reads thus : (SCC p.
159) "23. The proof of demand of illegal gratification, thus, is the gravamen of the offence under Sections 7 and 13(1)(d)(i) and (ii) of the Act and in absence thereof, unmistakably the charge therefor, would fail. Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof, dehors the proof of demand, ipso facto, would thus not be sufficient to bring home the charge under these two sections of the Act. As a corollary, failure of the prosecution to prove the demand for illegal gratification would be fatal and mere recovery of the amount from the person accused of the offence under Section 7 or 13 of the Act would not entail his conviction thereunder."
(emphasis supplied)
12. The prosecution's case is that the appellant had kept pending the return of commercial tax filed by the said Society for the year 1996-97. The appellant had issued a notice 3 (2022) 4 SCC 574
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR dated 14-2-2000 to the said Society calling upon the said Society to produce the record. Accordingly, the necessary books were produced by the said Society. The case made out by PW 1 is that when he repeatedly visited the office of the appellant in February 2020, the demand of Rs 3000 by way of illegal gratification was made by the appellant for passing the assessment order. However, PW 1, in his cross-examination, accepted that the notice dated 26-2-2000 issued by the appellant was received by the said Society on 15-3-2000 in which it was mentioned that after verification of the books of accounts of the said Society, exemption from payment of commercial tax as claimed by the said Society was allowed. PW 1 accepted that it was stated in the said notice that there was no necessity for the said Society to pay any commercial tax for Assessment Year 1996-97.
13. According to the case of PW 1, on 23-3- 2000, he visited the appellant's office to request her to issue final assessment order. According to his case, at that time, initially, the appellant reiterated her demand of Rs 3000. But she scaled it down to Rs 2000. Admittedly, on 15-3-2000, the said Society was served with a notice informing the said Society that an exemption has been granted from payment of commercial tax to the said Society. Therefore, the said Society was not liable to pay any tax for the year 1996-97. The issue of the final assessment order was only a procedural formality. Therefore, the prosecution's case about the demand of bribe made on 23-3-2000 by the appellant appears to be highly doubtful.
14. PW 1 described how the trap was laid. In the pre-trap mediator report, it has been recorded that LW 8, Shri R. Hari Kishan, was to accompany PW 1 -- complainant at the time of offering the bribe. PW 7 Shri P.V.S.S.P. Raju deposed that PW 8 Shri U.V.S. Raju, the Deputy Superintendent of Police, ACB, had instructed LW 8 to accompany PW 1 -- complainant inside the chamber of the appellant. PW 8 has accepted this
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR fact by stating in the examination-in-chief that LW 8 was asked to accompany PW 1 and observe what transpires between the appellant and PW 1. PW 8, in his evidence, accepted that only PW 1 entered the chamber of the appellant and LW 8 waited outside the chamber. Even PW 7 admitted in the cross-examination that when PW 1 entered the appellant's chamber, LW 8 remained outside in the corridor. Thus, LW 8 was supposed to be an independent witness accompanying PW 1. In breach of the directions issued to him by PW 8, he did not accompany PW 1 inside the chamber of the appellant, and he waited outside the chamber in the corridor. The prosecution offered no explanation why LW 8 did not accompany PW 1 inside the chamber of the appellant at the time of the trap.
15. Therefore, PW 1 is the only witness to the alleged demand and acceptance. According to PW 1, firstly, the demand was made of Rs 3000 by the appellant on 24-2-2000. Thereafter, continuously for three days, she reiterated the demand when he visited the appellant's office. Lastly, the appellant made the demand on 29-2- 2000 and 23-3-2000. On this aspect, he was cross-examined in detail by the learned Senior Counsel appearing for the appellant. His version about the demand and acceptance is relevant which reads thus:
"In the vicinity of office of AO the jeep, in which we went there was stopped and I was asked to go into the office of AO and the trap party took vantage positions. Accordingly, I went inside the office of AO. I wished AO. At that time apart from AO some other person was found in the office room of AO and he was talking to the AO. AO offered me a chair. After discussion with the AO the said other person left the room of AO. I informed AO that I brought the bribe amount as demanded by her and also asked her to issue the final assessment orders. Then I took the said tainted currency notes from my shirt pocket and I was about to give the same to the AO and on which instead of taking the same amount directly
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR by her with her hands she took out a diary from her table drawer, opened the diary and asked me to keep the said amount in the diary. Accordingly, I kept the amount in the said diary. She closed the said diary and again kept the same in her table drawer and locked the drawer and kept the keys in her hand bag which was hanging to her seat. She pressed the calling bell and a lady attender came into the room of AO, then she instructed the lady attender to call ACTO concerned to her along with the society records concerned.
Accordingly, ACTO came to AO along with record. After going through the ledger and cash book, etc. AO signed on the last page of the said ledger and cash book mentioning 26-2-2000 below her signature in the said register though she signed on 27-3-2000 in my presence. AO directed her attender to affix official rubber stamp below her signature in the ledger and cash book and accordingly attender affixed the same. AO also signed on the office note of final assessment orders at that time. Thereafter, I collected the general ledger and cash book from the attender after affixing the said rubber stamp thereon and came out of the office of AO and relayed the pre-arranged signal to the trap party."
(emphasis supplied)
16. Thus, PW 1 did not state that the appellant reiterated her demand at the time of trap. His version is that on his own, he told her that he had brought the amount. What is material is the cross-examination on this aspect. In the cross-examination, PW 1 accepted that his version regarding the demand made by the appellant on various dates was an improvement. The relevant part of the cross-examination of the appellant reads thus:
"I did not state to ACB Inspector in Section 161 CrPC statement that on the
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR evening of 24-2-2000 I met the AO and that she demanded the bribe. I did not mention in Ext. P-3 complaint that continuously for 3 days after 24-2-2000 I met the AO and the AO reiterated her demand. I did not mention in Ext. P-3 complaint that on 29-2-2000 I approached the AO and the AO demanded bribe of Rs 3000 and that unless I pay the said bribe amount she will not issue final assessment orders. I did not state in my Section 164 statement before the Magistrate that 13-3-2000 to 16-3-2000 I was on leave and from 1-3-2000 to 12-3-2000, I was engaged in recovering the dues of the society. It is not true to suggest that I did not meet the AO continuously 3 days i.e. on 25-2-2000, 26-2-2000 and 27-2-2000 and that 27-2-2000 is Sunday. It is not true to suggest that I did not meet the AO in the evening of 24-2-2000 and that AO did not demand any money from me. I did not state in my Section 161 CrPC statement to Inspector of ACB that before I left the office of DSP on the date of trap I made a phone call enquiring about the availability of AO and the AO was in the office and informed me that she should be available in the office from 6.00 to 7.00 p.m. on that day so also in my Section 164 CrPC. I made such a phone call from the office of the DSP, ACB. I do not remember as to from which phone number I made phone call on that day. I cannot describe office telephone number of the AO. It is not true to suggest that I did not make any such phone call to AO and that she did not give any such reply to me. I did not state to ACB Inspector in my Section 161 CrPC statement or to the Magistrate in my Section 164 CrPC statement that I went inside the office of AO and I wished AO and at that time apart from AO some other person was found in the office room of AO and that he was talking to the AO and that the AO offered me a chair and that after discussion with the AO the said person left the room of AO and then I informed the AO
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR that I brought the bribe amount. I did not state that said aspects to DSP during the post trap proceedings also."
(emphasis supplied)
17. Thus, the version of PW 1 in his examination-in-chief about the demand made by the appellant from time to time is an improvement. As stated earlier, LW 8 did not enter the appellant's chamber at the time of trap. There is no other evidence of the alleged demand. Thus, the evidence of PW 1 about the demand for bribe by the appellant is not at all reliable. Hence, we conclude that the demand made by the appellant has not been conclusively proved.
18. PW 2, Shri B.D.V. Ramakrishna had no personal knowledge about the demand. However, he accepted that on 15-3-2000, the said Society received a communication informing that the said Society need not pay any tax for the year 1996-
97. PW 3 Shri L. Madhusudhan was working as Godown Incharge with the said Society. He stated that on 15-3-2000, when he visited the appellant's office, ACTO served the original notice dated 26-2-2000 in which it was mentioned that the Society was not liable to pay any tax. It is his version that when he met the appellant on the same day, she enquired whether he had brought the demanded amount of Rs 3000. However, PW 3 did not state that the appellant demanded the said amount for granting any favour to the said society.
19. PW 4 Ahmed Moinuddin was ACTO at the relevant time. He deposed that on 27-3-2000, the appellant instructed him to prepare the final assessment order, which was kept ready in the morning. He stated that he was called at 6 p.m. to the chamber of the appellant along with books of the said Society. At that time, PW 1 was sitting there. He stated that the appellant subscribed her signature on a Register of the said Society and put the date as 26-2-2000 below it. He was not a witness to the alleged demand. However, in the cross-examination, he admitted that the appellant
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR had served a memo dated 21-3-2000 to him alleging that he was careless in performing his duties."
The afore-quoted judgments were rendered interpreting Section 7 as it stood prior to amendment. The Apex Court holds that demand and acceptance are sine qua non for an offence under Section 7 of the Act.
JUDGMENTS POST AMENDMENT:
9. The Apex Court has further interpreted Section 7(a) post amendment in the case of NEERAJ DUTTA v.
STATE (GOVT. OF N.C.T. OF DELHI4 and holds as follows:
"8. Before we analyze the evidence, we must note that we are dealing with Sections 7 and 13 of the PC Act as they stood prior to the amendment made by the Act 16 of 2018 with effect from 26th July 2018. We are referring to Sections 7 and 13 as they stood on the date of commission of the offence. Section 7, as existed at the relevant time, reads thus:
"7. Public servant taking gratification other than legal remuneration in respect of an official act.--
Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government 4 2023 SCC OnLine SC 280
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than three years but which may extend to seven years and shall also be liable to fine.
Explanations.-
(a) "Expecting to be a public servant"- If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section.
(b) "Gratification". The word "gratification" is not restricted to pecuniary gratifications or to gratifications estimable in money.
(c) "Legal remuneration"- The words "legal remuneration" are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the Government or the organisation, which he serves, to accept.
(d) "A motive or reward for doing". A person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do, or has not done, comes within this expression.
(e) Where a public servant induces a person erroneously to believe that his influence with the Government has obtained a title for that person and thus induces that person to give the public servant, money or any other gratification as a reward for this service, the public servant has committed an offence under this section."
9. Section 13(1)(d), as existed at the relevant time, reads thus:
"13. Criminal misconduct by a public servant.--
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR (1) A public servant is said to commit the offence of criminal misconduct,-
(a) ....................................
(b) ....................................
(c) ....................................
(d) if he,-
(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or
(ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or
(iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or
(e) ........................................"
10. The demand for gratification and the acceptance thereof are sine qua non for the offence punishable under Section 7 of the PC Act.
11. The Constitution Bench4 was called upon to decide the question which we have quoted earlier. In paragraph 74, the conclusions of the Constitution have been summarised, which read thus:
"74. What emerges from the aforesaid discussion is summarised as under:
(a) Proof of demand and acceptance of illegal gratification by a public servant as a fact in issue by the prosecution is a sine qua non in order to establish the guilt of the accused
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR public servant under Sections 7 and 13(1)(d)(i) and (ii) of the Act.
(b) In order to bring home the guilt of the accused, the prosecution has to first prove the demand of illegal gratification and the subsequent acceptance as a matter of fact. This fact in issue can be proved either by direct evidence which can be in the nature of oral evidence or documentary evidence.
(c) Further, the fact in issue, namely, the proof of demand and acceptance of illegal gratification can also be proved by circumstantial evidence in the absence of direct oral and documentary evidence.
(d) In order to prove the fact in issue, namely, the demand and acceptance of illegal gratification by the public servant, the following aspects have to be borne in mind:
(i) if there is an offer to pay by the bribe giver without there being any demand from the public servant and the latter simply accepts the offer and receives the illegal gratification, it is a case of acceptance as per Section 7 of the Act. In such a case, there need not be a prior demand by the public servant.
(ii) On the other hand, if the public servant makes a demand and the bribe giver accepts the demand and tenders the demanded gratification which in turn is received by the public servant, it is a case of obtainment. In the case of obtainment, the prior demand for illegal gratification emanates from the public servant. This is an offence under Section 13(1)(d)(i) and (ii) of the Act.
(iii) In both cases of (i) and (ii) above, the offer by the bribe giver and the demand by the public servant respectively have to be proved by the prosecution as a fact in issue. In other words, mere
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR acceptance or receipt of an illegal gratification without anything more would not make it an offence under Section 7 or Section 13(1)(d), (i) and
(ii) respectively of the Act. Therefore, under Section 7 of the Act, in order to bring home the offence, there must be an offer which emanates from the bribe giver which is accepted by the public servant which would make it an offence. Similarly, a prior demand by the public servant when accepted by the bribe giver and in turn there is a payment made which is received by the public servant, would be an offence of obtainment under Section 13(1)(d) and (i) and (ii) of the Act.
(e) The presumption of fact with regard to the demand and acceptance or obtainment of an illegal gratification may be made by a court of law by way of an inference only when the foundational facts have been proved by relevant oral and documentary evidence and not in the absence thereof. On the basis of the material on record, the Court has the discretion to raise a presumption of fact while considering whether the fact of demand has been proved by the prosecution or not. Of course, a presumption of fact is subject to rebuttal by the accused and in the absence of rebuttal presumption stands.
(f) In the event the complainant turns 'hostile', or has died or is unavailable to let in his evidence during trial, demand of illegal gratification can be proved by letting in the evidence of any other witness who can again let in evidence, either orally or by documentary evidence or the prosecution can prove the case by circumstantial evidence. The trial does not abate nor does it result in an order of acquittal of the accused public servant.
(g) In so far as Section 7 of the Act is concerned, on the proof of the facts in issue, Section 20 mandates the court to
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR raise a presumption that the illegal gratification was for the purpose of a motive or reward as mentioned in the said Section. The said presumption has to be raised by the court as a legal presumption or a presumption in law. Of course, the said presumption is also subject to rebuttal. Section 20 does not apply to Section 13(1)(d)(i) and (ii) of the Act.
(h) We clarify that the presumption in law under Section 20 of the Act is distinct from presumption of fact referred to above in point
(e) as the former is a mandatory presumption while the latter is discretionary in nature."
(emphasis added)
12. The referred question was answered in paragraph 76 of the aforesaid judgment, which reads thus:
"76. Accordingly, the question referred for consideration of this Constitution Bench is answered as under:
In the absence of evidence of the complainant (direct/primary, oral/ documentary evidence), it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13(1)(d) read with Section 13(2) of the Act based on other evidence adduced by the prosecution."
(emphasis added)
13. Even the issue of presumption under Section 20 of the PC Act has been answered by the Constitution Bench by holding that only on proof of the facts in issue, Section 20 mandates the Court to raise a presumption that illegal gratification was for the purpose of motive or reward as mentioned in Section 7 (as it existed prior to the amendment of 2018). In fact, the Constitution Bench has approved two decisions by the benches of three Hon'ble Judges in the cases of B. Jayaraj1 and P. Satyanarayana Murthy2. There is another decision of a
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR three Judges' bench in the case of N. Vijayakumar v. State of Tamil Nadu5, which follows the view taken in the cases of B. Jayaraj1 and P. Satyanarayana Murthy2. In paragraph 9 of the decision in the case of B. Jayaraj1, this Court has dealt with the presumption under Section 20 of the PC Act. In paragraph 9, this Court held thus:
"9. Insofar as the presumption permissible to be drawn under Section 20 of the Act is concerned, such presumption can only be in respect of the offence under Section 7 and not the offences under Sections 13(1)(d)(i) and (ii) of the Act. In any event, it is only on proof of acceptance of illegal gratification that presumption can be drawn under Section 20 of the Act that such gratification was received for doing or forbearing to do any official act. Proof of acceptance of illegal gratification can follow only if there is proof of demand. As the same is lacking in the present case the primary facts on the basis of which the legal presumption under Section 20 can be drawn are wholly absent."
(emphasis added)
14. The presumption under Section 20 can be invoked only when the two basic facts required to be proved under Section 7, are proved. The said two basic facts are 'demand' and 'acceptance' of gratification. The presumption under Section 20 is that unless the contrary is proved, the acceptance of gratification shall be presumed to be for a motive or reward, as contemplated by Section 7. It means that once the basic facts of the demand of illegal gratification and acceptance thereof are proved, unless the contrary are proved, the Court will have to presume that the gratification was demanded and accepted as a motive or reward as contemplated by Section 7. However, this presumption is rebuttable. Even on the basis of the preponderance of probability, the accused can rebut the presumption.
15. In the case of N. Vijayakumar5, another bench of three Hon'ble Judges dealt with the issue of presumption under Section 20 and the degree of proof required to establish the offences punishable under
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR Section 7 and clauses (i) and (ii) Section 13(1)(d) read with Section 13(2) of PC Act. In paragraph 26, the bench held thus:
"26. It is equally well settled that mere recovery by itself cannot prove the charge of the prosecution against the accused. Reference can be made to the judgments of this Court in C.M. Girish Babu v. CBI [C.M. Girish Babu v. CBI, (2009) 3 SCC 779 : (2009) 2 SCC (Cri) 1] and in B. Jayaraj v. State of A.P. [B. Jayaraj v. State of A.P., (2014) 13 SCC 55 : (2014) 5 SCC (Cri) 543] In the aforesaid judgments of this Court while considering the case under Sections 7, 13(1) (d)(i) and (ii) of the Prevention of Corruption Act, 1988 it is reiterated that to prove the charge, it has to be proved beyond reasonable doubt that the accused voluntarily accepted money knowing it to be bribe. Absence of proof of demand for illegal gratification and mere possession or recovery of currency notes is not sufficient to constitute such offence. In the said judgments it is also held that even the presumption under Section 20 of the Act can be drawn only after demand for and acceptance of illegal gratification is proved. It is also fairly well settled that initial presumption of innocence in the criminal jurisprudence gets doubled by acquittal recorded by the trial court."
(emphasis added)
16. Thus, the demand for gratification and its acceptance must be proved beyond a reasonable doubt.
17. Section 7, as existed prior to 26th July 2018, was different from the present Section 7. The unamended Section 7 which is applicable in the present case, specifically refers to "any gratification". The substituted Section 7 does not use the word "gratification", but it uses a wider term "undue advantage". When the allegation is of demand of gratification and acceptance thereof by the accused, it must be as a motive or reward for doing or forbearing to do any official act. The fact that the demand and acceptance of gratification were for motive or reward as provided in Section 7 can be proved by invoking the presumption under Section 20 provided the basic
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR allegations of the demand and acceptance are proved. In this case, we are also concerned with the offence punishable under clauses (i) and (ii) Section 13(1)(d) which is punishable under Section 13(2) of the PC Act. Clause (d) of sub-section (1) of Section 13, which existed on the statute book prior to the amendment of 26th July 2018, has been quoted earlier. On a plain reading of clauses (i) and (ii) of Section 13(1)(d), it is apparent that proof of acceptance of illegal gratification will be necessary to prove the offences under clauses (i) and (ii) of Section 13(1)(d). In view of what is laid down by the Constitution Bench, in a given case, the demand and acceptance of illegal gratification by a public servant can be proved by circumstantial evidence in the absence of direct oral or documentary evidence. While answering the referred question, the Constitution Bench has observed that it is permissible to draw an inferential deduction of culpability and/or guilt of the public servant for the offences punishable under Sections 7 and 13(1)(d) read with Section 13(2) of the PC Act. The conclusion is that in absence of direct evidence, the demand and/or acceptance can always be proved by other evidence such as circumstantial evidence.
18. The allegation of demand of gratification and acceptance made by a public servant has to be established beyond a reasonable doubt. The decision of the Constitution Bench does not dilute this elementary requirement of proof beyond a reasonable doubt. The Constitution Bench was dealing with the issue of the modes by which the demand can be proved. The Constitution Bench has laid down that the proof need not be only by direct oral or documentary evidence, but it can be by way of other evidence including circumstantial evidence. When reliance is placed on circumstantial evidence to prove the demand for gratification, the prosecution must establish each and every circumstance from which the prosecution wants the Court to draw a conclusion of guilt. The facts so established must be consistent with only one hypothesis that there was a demand made for gratification by the accused. Therefore, in this case, we will have to examine whether there is any direct evidence of demand. If we come to a conclusion that there is no direct evidence of demand, this Court will have to consider whether there is any circumstantial evidence to prove the demand."
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR Subsequent to NEERAJ DUTTA'S case, the Apex Court in the case of SOUNDARAJAN v. STATE5 has held as follows:
"FINDING ON PROOF OF DEMAND
9. We have considered the submissions. It is well settled that for establishing the commission of an offence punishable under Section 7 of the PC Act, proof of demand of gratification and acceptance of the gratification is a sine qua non. Moreover, the Constitution Bench in the case of Neeraj Dutta3 has reiterated that the presumption under Section 20 of the PC Act can be invoked only on proof of facts in issue, namely, the demand of gratification by the accused and the acceptance thereof.
10. As stated earlier, complainant PW-2 has not supported the prosecution. He has not said anything in his examination-in-chief about the demand made by the appellant. The public prosecutor cross-examined PW-2. The witness stated that there was no demand of a bribe made by the appellant. According to him, he filed a complaint as the return of the sale deed was delayed. Though PW-2 accepted that he had filed the complaint, in the cross-examination, he was not confronted with the material portions of the complaint in which he had narrated how the alleged demand was made. The public prosecutor ought to have confronted the witness with his alleged prior statements in the complaint and proved that part of the complaint through the concerned police officer who had reduced the complaint into writing. However, that was not done.
11. Now, we turn to the evidence of the shadow witness (PW-3). In the examination-in- chief, he stated that the appellant asked the PW-2 whether he had brought the amount. PW-3 did not say that the appellant made a specific demand of gratification in his presence to PW-2. To attract Section 7 of the PC Act, the demand for 5 (2023) SCC OnLine SC 424
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR gratification has to be proved by the prosecution beyond a reasonable doubt. The word used in Section 7, as it existed before 26th July 2018, is 'gratification'. There has to be a demand for gratification. It is not a simple demand for money, but it has to be a demand for gratification. If the factum of demand of gratification and acceptance thereof is proved, then the presumption under Section 20 can be invoked, and the Court can presume that the demand must be as a motive or reward for doing any official act. This presumption can be rebutted by the accused.
12. There is no circumstantial evidence of demand for gratification in this case. In the circumstances, the offences punishable under Section 7 and Section 13(2) read with Section 13(1)(d) have not been established. Unless both demand and acceptance are established, offence of obtaining pecuniary advantage by corrupt means covered by clauses (i) and (ii) of Section 13(1)(d) cannot be proved."
The Apex Court in the case of NEERAJ DUTTA supra was clarifying and interpreting the judgment in the case of NEERAJ DUTTA which was rendered by a Constitution Bench and further holds that proof of demand and acceptance of gratification is sine qua non for any allegation under Section 7 of the Act, be it pre- amendment or post-amendment. This is reiterated in the case of SOUNDARAJAN supra.
10. The Apex Court, in its latest judgment, in the case of AMAN BHATIA v. STATE (GNCT OF DELHI)6 while considering the purport of Section 7 of the Act has held as follows:
".... .... ....
51. In C.K. Damodaran Nair v. Govt. of
India, (1997) 9 SCC 477, this Court, although interpreting the term "accept" in the context of the 1947 Act, observed that "accept" means to take or 6 2025 SCC OnLine SC 1013
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR receive with a consenting mind. In contrast, "obtain" was understood to imply securing or gaining something as a result of a request or effort. In both instances, a demand or request by the receiver is a prerequisite for establishing an offence under Sections 7 and 13(1)(d) of the PC Act.
52. It is well-settled that mere recovery of tainted money, by itself, is insufficient to establish the charges against an accused under the PC Act. To sustain a conviction under Sections 7 and 13(1)(d) of the Act respectively, it must be proved beyond reasonable doubt that the public servant voluntarily accepted the money, knowing it to be a bribe. The courts have consistently reiterated that the demand for a bribe is sine qua non for establishing an offence under Section 7 of the PC Act.
53. A five-Judge Bench of this Court in Neeraj Dutta v. State (Government of NCT of Delhi), (2023) 4 SCC 731, categorically held that an offer by bribe- giver and the demand by the public servant have to be proved by the prosecution as a fact in issue for conviction under Sections 7 and 13(1)(d)(i) and (ii) of the PC Act. Mere acceptance of illegal gratification without proof of offer by bribe-giver and demand by the public servant would not make an offence under Sections 7 and 13(1)(d)(i) and (ii) of the PC Act. The relevant observations are reproduced hereinbelow:
"88.4. (d) In order to prove the fact in issue, namely, the demand and acceptance of illegal gratification by the public servant, the following aspects have to be borne in mind:
(i) if there is an offer to pay by the bribe-giver without there being any demand from the public servant and the latter simply accepts the offer and receives the illegal gratification, it is a case of acceptance as per Section 7 of the Act. In such a case, there need not be a prior demand by the public servant.
(ii) On the other hand, if the public servant makes a demand and the bribe-giver accepts the demand and tenders the
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR demanded gratification which in turn is received by the public servant, it is a case of obtainment. In the case of obtainment, the prior demand for illegal gratification emanates from the public servant. This is an offence under Sections 13(1)(d)(i) and
(ii) of the Act.
(iii) In both cases of (i) and (ii) above, the offer by the bribe-giver and the demand by the public servant respectively have to be proved by the prosecution as a fact in issue. In other words, mere acceptance or receipt of an illegal gratification without anything more would not make it an offence under Section 7 or Sections 13(1)(d)(i) and (ii), respectively of the Act. Therefore, under Section 7 of the Act, in order to bring home the offence, there must be an offer which emanates from the bribe-giver which is accepted by the public servant which would make it an offence. Similarly, a prior demand by the public servant when accepted by the bribe- giver and in turn there is a payment made which is received by the public servant, would be an offence of obtainment under Sections 13(1)(d)(i) and (ii) of the Act."
(Emphasis supplied)
54. It was further explained by this Court in P. Satyanarayana Murthy v. State of A.P., (2015) 10 SCC 152, as follows:
"23. The proof of demand of illegal gratification, thus, is the gravamen of the offence under Sections 7 and 13(1)(d)(i) and (ii) of the Act and in absence thereof, unmistakably the charge therefor, would fail. Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof, dehors the proof of demand, ipso facto, would thus not be sufficient to bring home the charge under these two sections of the Act. As a corollary, failure of the prosecution to prove the demand for illegal gratification would be fatal and mere recovery of the amount from the person
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR accused of the offence under Section 7 or 13 of the Act would not entail his conviction thereunder."
(Emphasis supplied)
55. From the above exposition of law, it may be safely concluded that mere possession and recovery of tainted currency notes from a public servant, in the absence of proof of demand, is not sufficient to establish an offence under Sections 7 and 13(1)(d) of the PC Act respectively. Consequently, without evidence of demand for illegal gratification, it cannot be said that the public servant used corrupt or illegal means, or abused his position, to obtain any valuable thing or pecuniary advantage in terms of Section 13(1)(d) of the PC Act.
56. The present case is not one of an "offer to pay by the bribe-giver" where, in the absence of any demand from the public servant, the mere acceptance of illegal gratification would constitute an offence under Section 7 of the PC Act. The expression "offer" indicates that there is a conveyance of an intention to give, which must be communicated and understood by the recipient, leading to meeting of minds. Consequently, the offer is accepted. For such an acceptance to constitute an offence under Section 7, there must be clear and cogent evidence establishing that the public servant was aware of the offer and accepted it voluntarily, knowing it to be illegal gratification. In other words, even where there is no express demand, the bribe-giver and the bribe- taker must be shown to have been ad idem as regards the factum of offer of bribe.
57. By applying the abovementioned principles to the evidence on record, we are of the considered view that, having regard to material inconsistencies in the testimony of the complainant and the testimony of the panch witness, the allegation of demand by the appellant herein does not emerge clearly, let alone being proved beyond reasonable doubt.
58. Undoubtedly, when dealing with a wholly reliable witness, the court faces no difficulty in
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR reaching a conclusion, it may convict or acquit solely on the basis of such testimony, provided it is free from any suspicion of interestedness, incompetence, or subordination. Similarly, in the case of a wholly unreliable witness, the court again faces no ambiguity in discarding the testimony. The real challenge arises when the witness is neither wholly reliable nor wholly unreliable. In such situations, the court must proceed with caution and seek corroboration in material particulars, whether through direct or circumstantial evidence. The court's duty to act on the testimony of a single witness arises when it is satisfied, upon a careful perusal of the testimony, that it is free from all taints and suspicions.
[See: VediveluThevar v. State of Madras, 1957 SCC OnLine SC 13; State of Madhya Pradesh v. Balveer Singh, 2025 SCC OnLine SC 390]."
The Apex Court also considers the presumption under Section 20 of the Act and holds on examination of evidence, the prosecution has failed to establish the guilt beyond reasonable doubt. The Apex Court has held as follows:
".... .... ....
v. Presumption under Section 20 of the PC Act
64. Insofar as the presumption under Section 20 of the PC Act is concerned, such presumption is drawn only qua the offence under Sections 7 and 11 respectively and not qua the offence under Section 13(1)(d) of the PC Act. The presumption is contingent upon the proof of acceptance of illegal gratification to the effect that the gratification was demanded and accepted as a motive or reward as contemplated under Section 7 of the PC Act. Such proof of acceptance can follow only when the demand is proved.
65. In that case, the prosecution evidence alone cannot be considered for the purpose of coming to the conclusion. The evidence led by the prosecution and, the suggestions made by the defence witnesses, if any, are also required to be considered. It is then to be seen as to whether
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR the total effect of the entire evidence led before the court is of a nature by which the only conclusion possible was that the public servant accepted the amount. If the answer is in affirmative, then alone it can be held that the prosecution established the case beyond reasonable doubt.
66. Undoubtedly, the presumption under Section 20 arises once it is established that the public servant accepted the gratification. However, in determining whether such acceptance occurred, the totality of the evidence led at the trial must be appreciated. The evidence led by the prosecution, the suggestions made by the defence witnesses, if any, the entire record is required to be considered. Only if the cumulative effect of all the evidence is such that the sole possible conclusion is that the public servant accepted the gratification can it be said that the prosecution has established its case beyond reasonable doubt.
67. On examination of the entire evidence, we are of the opinion that the prosecution has failed to establish beyond all reasonable doubt, the demand of bribe and its acceptance, in a trap laid by the ACB. In such circumstances, there is no question of a presumption under Section 20. Consequently, we find ourselves compelled to conclude that it would be entirely illegal to uphold the conviction of the appellant under Sections 13(1)(d)(i) and (ii) read with Section 13(2) of the Act.
G. CONCLUSION
68. In light of the aforesaid discussion, we have reached the following conclusion:
68.1 The legislature has used a comprehensive definition of "public servant" to achieve the purpose of punishing and curbing the growing menace of corruption. Keeping this intention of the legislature in mind, we are of the
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR view that the definition of "public servant" as defined under the PC Act should be given a purposive and wide interpretation so as to advance the object underlying the statute.
68.2 It is the nature of duty being discharged by a person which assumes paramount importance when determining whether such a person falls within the ambit of the definition of public servant as defined under the PC Act.
68.3 Stamp vendors across the country, by virtue of performing an important public duty and receiving remuneration from the Government for the discharge of such duty, are undoubtedly public servants within the ambit of Section 2(c)(i) of the PC Act.
68.4 In the case at hand, the appellant was eligible for receiving discount on the purchase of stamp papers owing to the license that he was holding. Further, the discount is traceable to and is governed by the 1934 Rules framed by the State Government. Thus, the appellant, without a doubt, could be said to be "remunerated by the government" for the purposes of Section 2(c)(i) of the PC Act.
68.5 Further, the prosecution has failed in establishing the allegation of demand for illegal gratification and acceptance thereof beyond reasonable doubt. Therefore, the conviction of the appellant for the offences under Section 7 and 13(1)(d) read with Section 13(2) of the PC Act cannot be sustained and is, thus, liable to be set aside."
On a coalesce of the judgments rendered by the Apex Court, as quoted supra, the soul of Section 7 is demand and acceptance. The unmistakable inference on the interpretation, in the considered view of the Court would be, if there is demand but no acceptance it would not make an offence under Section 7. If there is acceptance but no demand, it would then also make no offence under Section 7. An act alleged under Section 7 should have the ingredients of demand and
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR acceptance and it is for the performance of a public duty or forbearance from performance. Therefore, demand and acceptance should be for the purpose of performance of some duty. For such performance there should be work pending at the hands of the public servant against whom Section 7 is alleged.
APPLICABILITY OF THE LAW TO THE FACTS OF THE CASE:
11. In the case at hand the issue revolves round the complainant/contractor executing the work close to ₹25,00,000 to ₹30,00,000/- and the petitioner demanding an amount of ₹2,00,000/-
towards generation and clearance of bills submitted by the complainant. A pre-trap mahazar is drawn based upon the audio recordings between the accused and the complainant. The crime is registered and trap is laid on 08-07-2024 in the house of the petitioner. ₹2,00,000 was lying on the teapoy in the house of the petitioner. If the petitioner had not demanded any amount why would the amount of ₹2,00,000 was lying on the teapoy in the house of the petitioner when the Lokayukta slews laid a trap on the petitioner. Therefore, the demand for generation of the bills is vividly brought out in the complaint, in the pre-trap mahazar and in the trap panchanama. Acceptance of the amount may not be to the hands of the petitioner, but it was lying on the teapoy in the house of the petitioner. The phenolphthalein test conducted also gave a pink colour to the hands of the petitioner. All these factors would clearly become a prima facie act of the petitioner in the demand and acceptance of bribe. Whether there was actual demand or acceptance is to be trashed out in a full-blown trial. In the light of the elucidation of law by the Apex Court, the ingredients of demand and acceptance are clearly present in the case at hand. The amount of ₹2,00,000/- recovered from the petitioner was lying on the teapoy in his house and not in his neighbours house. Therefore, the petition does not deserve any entertainment at the hands of this Court in exercise of jurisdiction under Section 528
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NC: 2025:KHC:49642 CRL.P No. 13185 of 2023 HC-KAR of the Bharatheeya Nagarika Suraksha Samhithe, 2023.
12. Finding no merit in the petition, the petition stands rejected. Interim order, if any operating, shall stand dissolved.
It is made clear that the observations made in the course of the order are only for the purpose of consideration of the case of petitioner under Section 528 of the BNSS and the same shall not bind or influence the proceedings against any other accused."
In the light of the identical issue being answered by this Court as quoted supra and also the fact that the petitioner was found in possession of the cash in a successful trap, the petition does not warrant any interference. It is for the petitioner to come out clean in a full blown trial.
8. Finding no merit in the petition, the petition stands rejected.
Sd/-
(M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 30