Bangalore District Court
Central Bureau Of Investigation vs Sri.G.Krishnamurthy on 31 December, 2015
IN THE COURT OF THE XLVI ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE AND SPECIAL
JUDGE FOR CBI CASES (CCH-47) AT BENGALURU
Dated this the 31st day of December, 2015.
PRESENT:
Shri K.H.MALLAPPA, B.A.,LL.B.,
XLVI Additional City Civil and Sessions Judge
and Special Judge for C.B.I. Cases,
Bengaluru.
SPECIAL CRIMINAL CASE No.34/2012
COMPLAINANT : Central Bureau of Investigation,
A.C.B.,Bengaluru
(By Public Prosecutor)
-VERSUS-
ACCUSED : Sri.G.Krishnamurthy, S/o late
Basappa, Aged about 52
years, Senior Social Security
Assistant Employees
Provident Fund Organization,
Sub-Regional Officer,
Bellary.
1. Date of Commission of : 5.5.2011
Offence
2. Date of Report of Offence : 12.5.2011
3. Name of the complainant : Shri Anand Johnson
4. Date of recording of : 4.3.2013
Evidence
5. Date of closing Evidence : 16.6.2015
-2- Spl.C.C.34/2012
6. Offences complained of : U/s.7 and 13(2)
r/w.13 (1) (d) of
Prevention of
Corruption Act, 1988.
7. Opinion of the Judge : Accused is convicted
u/S.235(1) Cr.P.C.
for the offence
punishable U/s.7 and
13(2) r/w.13 (1) (d)
of Prevention of
Corruption Act, 1988.
8. State represented by : Public Prosecutor
9. Accused defended by : By Sri B.J.P. Adv.
JUDGMENT
This Charge Sheet is filed by the Complainant CBI/ACB/Bengaluru against the accused for the offences punishable U/s.7 and 13(2) r/w. 13(1) (d) of Prevention of Corruption Act, 1988.
2. The brief facts of the case of the prosecution are that:-
Accused G.Krishnamurthy, being a public servant employed as Senior Social Security Assistant in the sub-Regional Office, Employees' Provident Fund Organization, Bellary, during the period April - May, 2011 i.e., on 29.4.2011 demanded illegal gratification of Rs.25,000/- from the complainant Sri.A.Johnson and after negotiation with the complainant accused reduced his demand to Rs.24,000/- and accepted the
-3- Spl.C.C.34/2012 same from the complainant on 5.5.2011 as gratification other than legal remuneration, as a motive or reward for doing needful in the matter of allotment of PF Code Number in the name of M/s Anand Johnson, owned by complainant A.Johnson, in the exercise of the official functions thereby accused has committed the offence punishable U/s 7 R/w Section 13(2) of the Prevention of Corruption Act, 1988.
3. The accused is appeared before this court, compliance U/s 207 Cr.P.C., has been made, charge U/Ss. 7 and 13(2) R/w 13(1)(d) of P.C.Act, 1988 has been framed, accused pleaded not guilty and claims to be tried.
4. In order to prove the case of the prosecution, the prosecution has examined Pws.1 to 19 and got marked Exs.P1 to P116 and Mos.1 to 21.
5. Thereafter, statement of the accused as required U/s.313 of Cr.P.C. recorded, wherein the accused denied all the incriminating circumstances which goes against him. The defence of the accused is total denial of the prosecution case, he is innocent and he has been falsely implicated in this case.
6. I heard the argument of the Learned Public prosecutor as well as the Learned Counsel for the accused.
-4- Spl.C.C.34/2012
7. The points that arise for determination in this case are as follows:-
(1) Whether the prosecution proves beyond reasonable doubt that accused on 29.4.2011 demanded illegal gratification of Rs.25,000/- from the complainant and reduced his demand to Rs.24,000/- and accepted the same from the complainant on 5.5.2011 as gratification as alleged?
2. What Order?
8. Findings of this Court on the above points are as follows:-
Point-1: Affirmative Point -2: As per final Order.
For the following:-
REASONS
9. Point No.1:- The complainant who has been examined as Pw.1 has deposed in his examination in chief how accused demanded Rs.25,000/- for getting the PF number and how he had approached the Lokayuktha police at Bellary on 29.4.2011 and he took the mini tape recorder on 30.4.2011 and approached the accused and held a talk with him and accused told that it will be made ready and enquired about
-5- Spl.C.C.34/2012 Rs.25,000/-, Pw.1 told that he can arrange it on next day. The said conversation was recorded on mini tape recorder. Same day he went to Lokayuktha police and handed over the mini tape recorder. They played it and heard the conversation, they also recorded the same on a compact disk with the help of a computer. They directed him to equip the sum of Rs.25,000/- and approach them. Again he approached them on 5.5.2011 with money. He has also carried by letter head. The oral complaint given by him about the demand of bribe and related transaction had been computerized and print out taken on the letter head. He admitted the said complaint as Ex.P1. The cash of Rs.25,000/- in Rs.500/- denomination was handed over by him to them. The police recorded the serial numbers found on the notes on separate papers. Police secured two independent persons to act as panchas. Among them one was Dr.Reddy and another person from Agriculture Department police read over the contents of complaint to them. Police smeared a special powder on the currency notes given by him. They directed him to keep the notes securely in his pant packet and told him to hand over the same to the accused on demand and come back and intimate them. Police also instructed one of the panch witnesses named Dr.Reddy to accompany him at the time of handing over the bribe money and hear the conversation that would take place at the time of handing over the bribe money. They also
-6- Spl.C.C.34/2012 demonstrated the color test in the Lokayuktha Office and drafted experimental panchanama as per Ex.P2. The solutions were collected in separate bottles and sealed in the presence of panch witnesses and their signatures were taken on them. The entire experimental panchanama proceedings were photographed as per Exs.P3 to P17. They told him and Dr.Reddy that after handing over the bribe amount, they should give a signal to them and thereafter they would visit the seen of occurrence and conduct a similar color test. Thereafter, himself and Dr.Reddy along with Lokayuktha Police officials and another panch witness left the office around 3 P.M. and reached the office of the accused around 3.15 P.M. Himself and Dr.Reddy went inside the office of the accused. The others were standing near the office. He had carried voice recorder which was given to him by the Lokayuktha police and he switched it on when he was climbing the steps. As soon as he reached the office of the accused, accused was sitting in his chamber and conversing with some body. The chamber had no doors. It is a seclusive place. He sat outside his chamber and Dr.Reddy was sitting next to him. They waited for five minutes. The person who was conversion with them went away, accused called them, they went and sat on the chairs in front of his table. He enquired about the PF code. Accused said it would take 3 - 4 days and demanded the bribe amount. He told that it is ready and requested for
-7- Spl.C.C.34/2012 concession. Accused told that he may give Rs.1,000/- less than the agreed amount. Accordingly, he handed over Rs.24,000/- to the accused and came down from the office and signaled the police. Immediately, the Lokayuktha police along with another pancha came there and all of them went inside the office and he showed them the accused and told them that accused has demanded bribe amount and had given to him. Lokayuktha police enquired the accused against the acceptance of the bribe amount. Accused refused having received it. Later on police conducted body search of accused in the presence of panch witnesses. Police were able to recover the bribe amount from the right side pant packet of the accused. Police counted the notes and Rs.24,000/- was available in the pant packet. They seized it. Police directed the accused to wash his hand in a colorless solution. The solution turned in to pink color. They collected the same in a bottle and sealed it. Police asked him about balance Rs.1000/-. He handed over them Rs.1000/- comprising of Rs.500/- denomination notes, police seized them also. Police secured alternate pant for accused and got removed the pant in which the bribe amount was found and seized it. They tested innerside of the pant packet by colorless solution. The solution turned into pink color. The innerside of the pant packet also turned into pink color. They collected the solution in a separate bottle and seized and sealed it. He has identified the pant as Mo1.
-8- Spl.C.C.34/2012 Police searched for the application given by him. Police also enquired the higher officials of accused. The police recorded all these proceedings in a paper. After reading the contents thereof, they obtained his signature and signatures of panch witnesses. He identified the said documents as Ex.P18. The photographs were taken after trap and during recovery proceedings as per Exs.P19 to P33. Further, he has deposed that after 45 days he was called to CBI office for recording further statement. In CBI office, he was enquired about the incidents earlier to trap and on the day of trap. He was taken to the office of the accused and verified the records in the office of the accused like outward and inward registers. The conversations recorded in cassette were transferred on to compact disks with the help of the computer. He identified the compact disks as Mos.2 to 4. The conversations found in Mos.2 to 4 were reduced into writing after hearing the same as per Exs.P34 to P36. The entire proceeding that took place on 9.6.2011 was also reduced in the form of a mahazar / proceedings as per Ex.P37. The voice identification memo dated:9.6.2011 as per Ex.P38 and he identified Rs.24,000/- found in the cover consisting of denomination of Rs.500/- each as per Mo.5. He identified Rs.1000/- found in the cover consisting of Rs.500/- each in all two currency notes as Mo.7. Thereafter, entire trap proceedings reduced into writing vide Ex.P18. Further he identified the samples
-9- Spl.C.C.34/2012 of plain sodium carbonate solution and sample of sodium carbonate solution were came into contact with phenolphthalein powder were separately collected in glass bottles sealed and labels were affixed and signatures of the panchas and police were obtained as per Mos.9 to 14.
10. After the trap, accused was also directed by the head of the trap party to wash his hands in sodium carbonate solution and the solutions were collected in glass bottles, sealed and labels were affixed and signatures of the police panchas were taken on them. The bottles containing the solution of the left hand wash are marked as Mos. 15 and 16. The bottles containing the solution of right hand wash are marked as Mos.17 and 18. The bottles containing the solution of pant wash are marked as Mos.19 and
20. He identified the letter given by him to the Regional Commissioner of PF as per Ex.P42. He identified the challan and D.D., handed over by him to the Regional Commissioner of PF as per Exs.P46 and
47. This evidence of Pw.1 fully corroborated with the evidence of Dr.Reddy who has been examined as Pw.2. He has fully corroborated the evidence of Pw.1 regarding the trap and seizer of Rs.24,000/- from the pant of the accused and Pw.1 handing over Rs.1,000/- to the trap officials and further he has deposed with respect to the hand of the accused turning pink and also his pant turning pink on examinations with
- 10 - Spl.C.C.34/2012 sodium carbonate solution and also regarding the mahazar drawn at the place of incident.
11. Pw.3 was the head of the trap party and he has deposed with respect to the trap conducted by him, after Pw.1 signaling and he has clearly deposed the recovery of Rs.24,000/- from the pant packet of the accused and also the hand of the accused turning pink and his right side pant packet also turning pink when plain sodium carbonate solution was applied. He has also deposed with respect to the seizing of Rs.1000/- which was given by Pw.1.
12. Pw.4 is the officer who worked as Regional Provident Fund Commissioner - II at Ballary. He has deposed with respect to the duties of the accused.
13. Pw.5 who has worked as Deputy Manager in Jindal Steel Limited Company has deposed that in the month of April 2011, they gave a contract work to Pw.1 for dismantling, fabrication and erection of DN80 pipeline. He identified the work order as per Ex.P74 to execute that work through the employees, Pw.1 had to pay PF contribution by taking PF number.
14. Pw.6 has also fully corroborated with the recovery of Rs.24,000/- from the right side pant packet of the accused and Rs.1000/- from Pw.1.
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15. Pw.7 turned hostile to the case of the prosecution.
16. Pw.8 has deposed with respect to the accused purchasing SIM card from their office bearing No.9449048566 and he identified the copies of the application form, PAN card, salary certificate and particulars of the customers pertaining to the accused to that phone as per Exs.P77 to 80.
17. Pw.9 has turned hostile to the case of the prosecution.
18. Pw.10 has deposed that he was working as Divisional Engineer in Mobile Section of BSNL till December 2014 and in the year 2011, CBI officers asked him about call data record for the period from 28.4.2011 to 5.5.2011 pertaining to Mobile phone No.9449048566, which stands in the name of the accused. He identified the call data record as per Ex.P82.
19. Pw.11 turned hostile to the case of the prosecution.
20. Pw.12 who was worked as Regional Provident Fund Commissioner, Grade-I, Employees Provident Fund Organization, Gulbarga from September 2011 to 31.1.2013. Bellary EPF Office was within his jurisdiction. Accused was working as Senior Social Security Assistant, Sub Regional Office, EPFO, Bellary. He was the competent authority for removal of the accused from his service and after receipt of the
- 12 - Spl.C.C.34/2012 report from his Vigilance Directorate, he has accorded the sanction to prosecute the accused as per Ex.P85.
21. Pw.13 is the I.O., who has taken up investigation of this case, after it was transferred from Lokayuktha to CBI., and he has deposed with respect to the investigation done by him and the statement of the witnesses recorded by him.
22. Pw.14 is the Assistant Engineer, who has prepared a rough sketch of the place of incident in the presence of the panchas as per Ex.P104.
23. Pw.15 has deposed with respect to the examination of the questioned document containing a compact disk stated to contain the questioned voice recording of the accused and he identified his report as per Ex.P93.
24. Pw.16 who has worked as Sub Divisional Engineer, BSNL., Circle Office, Bengaluru, has deposed with respect to the CDR relating to a phone bearing No.9449048566 and he secured the customer application form of that phone from their Bellary office and CDR from Divisional Engineer mobile services, Bengaluru as per Exs.P77 and 82.
25. Pw.17 who has handed over the voice recorder to Pw.1 after Pw.1 informing him accused
- 13 - Spl.C.C.34/2012 was demanding bribe for issuing document relating to PF account of his firm. He identified the letter as per Ex.P48.
26. Pw.18 is the chemical examiner at Public Health Institute, K.R. Circle, Bangalore, and he has deposed that on 18.5.2011 he has received 3 sealed bottles from CBI., He opened the seals of those bottles, pink solution was there in those bottles. On sample chemical test, he found the presence of phenolphthalein in the said solution. He resealed those bottles and sent back the same to CBI along with his report Ex.P90.
27. Pw.19 is the Nodal Officer of Bharathi Airtel Limited, has deposed that Cw.23 was working as Nodal Officer in their office / firm and he has furnished the call detail records in respect of 9902373013 and 9591111350 has furnished, the call detail records in respect of both the numbers as per Ex.P116.
28. Though, Pw.1 has supported the case of the accused, during the cross-examination, his examination-in-chief evidence is fully corroborated the evidence of Pws.2,3,4 and 6. As such, prosecution has established that accused has demanded bribe of Rs.25,000/- from the complainant ie., Pw.1 and when trap was laid by Pw.3 along with his staff Pws.1 and 2 Rs.24,000/- was recovered from the right side pant packet of the accused and as such, it is evident that
- 14 - Spl.C.C.34/2012 accused has demanded the bribe of Rs.25,000/- from the complainant / Pw.1 to allot PF number and he has accepted the bribe of Rs.24,000/- on 5.5.2011 and the said amount was seized by Pw.3 when trap was laid and as such, I am unable to accept the arguments of the Learned Counsel for the accused and there is a considerable force in the argument of the Learned Public Prosecutor.
29. During the course of the argument, the Learned Counsel for the accused relies the decisions of the Hon'ble Supreme Court in Criminal Appeal No.31/2009 ie., P.Satyanarayana Murthy Vs. The District, Inspector of Police and another. In the said decision, the Hon'ble Supreme Court held The proof of demand of illegal gratification, thus, is the gravamen of the offence under Sections 7 and 13(1) (d)(i)&(ii) of the Act and in absence thereof, unmistakably the charge therefore, 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 Sections
- 15 - Spl.C.C.34/2012 7 or 13 of the Act would not entail his conviction thereunder.
30. Here in this case, the evidence of Pws.1 to 4 and 6 clearly establishes that accused has demanded the bribe amount of Rs.25,000/- from the complainant - Pw.1 and he has accepted the bribe of Rs.24,000/- which was recovered by Pw.3 in presence of Pws.2,4 and 6 and as such taking into consideration of the said decision, prosecution has proved this case beyond reasonable doubt. Hence, I answer the above point No.1 in the affirmative.
31. Point No.2:- In view of my findings on point No.1, I proceed to pass the following:-
: ORDER :
Acting U/s.235 (2) of Cr.P.C. accused is convicted for the offences punishable U/Ss.7 and 13(2) r/w. 13(1) (d) of Prevention of Corruption Act, 1988.
(Dictated to Judgment Writer, transcribed and computerized by her, corrected, signed then pronounced by me in the open court today i.e., on 31st day of December, 2015.) (K.H.MALLAPPA) XLVI Addl. City Civil and Sessions Judge and Special Judge for C.B.I. Cases, Bengaluru.
- 16 - Spl.C.C.34/2012
1.1.2016
Heard Question of sentence.
Heard the accused and counsel for accused on question of sentence. Accused pleaded that he is the only earning member in his family and his wife has undergone surgery and prays to take lenient view.
Learned P.P contended that appropriate sentence has to be imposed. Taking into consideration of the aggravating circumstances and mitigating circumstances, it is just and proper to impose minimum sentence as prescribed u/S.7 and 13(2) of PC Act, 1988 and I proceed to pass the following;
ORDER Accused is sentenced to undergo S.I for 6 months and to pay a fine of Rs.10,000/- for the offence punishable u/S.7 of the PC Act.
In default of payment of fine, he has to undergo S.I for one month.
Further, accused is sentenced to undergo S.I for one year and to pay a fine of Rs.10,000/- for the offence punishable u/S.13(2) of the PC Act.
In default of payment of fine, he has to undergo S.I for 3 months.
Both sentences shall run concurrently. Seized M.Os 5 and 7 be returned to P.W.1 after appeal time is over. M.O 21
- 17 - Spl.C.C.34/2012 is ordered to be returned to the accused after appeal time is over. M.Os 1 to 4, 6,8 to 20 are ordered to be destroyed as worthless after appeal time is over.
Office is directed to furnish free copy of this Judgment to accused forthwith.
(Dictated to Judgment Writer, transcribed and computerized by him, corrected, signed then pronounced by me in the open court today i.e., on 1st day of January, 2016.) (K.H.MALLAPPA) XLVI Addl. City Civil and Sessions Judge and Special Judge for C.B.I. Cases, Bengaluru.
ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE COMPLAINANT:
P.W.1 Johnson 4.3.2013
P.W.2 M.Veerakumar Reddy 9.6.2014
P.W.3 Satish Shankar Chitagubbi 19.11.2014
P.W.4 Vikas Kumar 21.11.2014
P.W.5 Hari Kaushik -"-
P.W.6 M.Veera Malai 5.2.2015
P.W.7 M.Ramkumar 9.2.2015
P.W.8 Sharanappa Shettar 10.2.2015
- 18 - Spl.C.C.34/2012
P.W.9 Mahendra 11.2.2015
P.W.10 P.R.Naik 12.2.2015
P.W.11 G.Shashidar 16.3.2015
P.W.12 T.V.Subba Reddy 17.3.2015
P.W.13 R.K.Shivanna 18.3.2015
P.W.14 Basava Reddy 23.4.2015
P.W.15 Dr.Rajendra Singh 24.4.2015
P.W.16 Narayana Murthy 15.6.2015
P.W.17 V.Raghu Kumar 16.6.2015
P.W.18 Dr.Ravi Shankar Katkar 16.6.2015
P.W.19 Stanley Agnelo P. 4.8.2015
LIST OF WITNESSES EXAMINED ON BEHALF OF THE ACCUSED :
- Nil -
LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE PROSECUTION :
EXHIBIT NO. PARTICULARS
Ex.P.1 : Complaint.
Ex.P.1(a) : Signature of P.W.1 in Ex.P.1.
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Ex.P.1(b) : Endorsement made by P.W.3 in Ex.P.1. (order dt.12-02-2015) Ex.P.2 : Experimental Panchanama.
Ex.P.2(a) : Signature of P.W.1 in Ex.P.2.
Ex.P.2(b) : Signature of P.W.2 in Ex.P.2.
Ex.P.2(c) : Signature of P.W.3 in Ex.P.2.
Ex.P.3 : Photographs of Experimental Panchanama Proceedings.
Ex.P.4 : Photographs of Experimental Panchanama Proceedings.
Ex.P.4(a) : Signature of P.W.2 in Ex.P.4 Ex.P.5 : Photographs of Experimental Panchanama Proceedings.
Ex.P.6 : Photographs of Experimental Panchanama Proceedings.
Ex.P.6(a) : Signature of P.W.2 in Ex.P.6 Ex.P.7 : Photographs of Experimental Panchanama Proceedings.
Ex.P.8 : Photographs of Experimental Panchanama Proceedings.
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Ex.P.8(a) : Signature of P.W.2 in Ex.P.8
Ex.P.9 : Photographs of Experimental Panchanama
Proceedings.
Ex.P.10 : Photographs of Experimental Panchanama
Proceedings.
Ex.P.10(a) : Signature of P.W.2 in Ex.P.10 Ex.P.11 : Photographs of Experimental Panchanama Proceedings.
Ex.P.12 : Photographs of Experimental Panchanama Proceedings.
Ex.P.12(a) : Signature of P.W.2 in Ex.P.12 Ex.P.13 : Photographs of Experimental Panchanama Proceedings.
Ex.P.14 : Photographs of Experimental Panchanama Proceedings.
Ex.P.14(a) : Signature of P.W.2 in Ex.P.14 Ex.P.15 : Photographs of Experimental Panchanama Proceedings.
Ex.P.16 : Photographs of Experimental Panchanama Proceedings.
Ex.P.16(a) : Signature of P.W.2 in Ex.P.16
- 21 - Spl.C.C.34/2012 Ex.P.17 : Photographs of Experimental Panchanama Proceedings.
Ex.P.18 : Trap Mahazar.
Ex.P.18(a) : Signature of P.W.1 in Ex.P.18.
Ex.P.18(b) : Signature of P.W.2 at last page of Ex.P.18.
Ex.P.18(c) : Signature of P.W.3 in Ex.P.18 Ex.P.18(d) : Signature of P.W.4 in Ex.P.18 Ex.P.18(e) : Signature of P.W.6 in Ex.P.18 Ex.P.19 : Photograph of Trap Proceedings.
Ex.P.19(a) : Signature of P.W.2 in Ex.P.19 Ex.P.20 : Photograph of Trap Proceedings.
Ex.P.21 : Photograph of Trap Proceedings.
Ex.P.21(a) : Signature of P.W.2 in Ex.P.21 Ex.P.22 : Photograph of Trap Proceedings.
- 22 - Spl.C.C.34/2012 Ex.P.23 : Photograph of Trap Proceedings.
Ex.P.23(a) : Signature of P.W.2 in Ex.P.23 Ex.P.24 : Photograph of Trap Proceedings.
Ex.P.25 : Photograph of Trap Proceedings.
Ex.P.25(a) : Signature of P.W.2 in Ex.P.25 Ex.P.26 : Photograph of Trap Proceedings.
Ex.P.27 : Photograph of Trap Proceedings.
Ex.P.27(a) : Signature of P.W.2 in Ex.P.27 Ex.P.28 : Photograph of Trap Proceedings.
Ex.P.29 : Photograph of Trap Proceedings.
Ex.P.29(a) : Signature of P.W.2 in Ex.P.29 Ex.P.30 : Photograph of Trap Proceedings.
Ex.P.31 : Photograph of Trap Proceedings.
- 23 - Spl.C.C.34/2012 Ex.P.31(a) : Signature of P.W.2 in Ex.P.31 Ex.P.32 : Photograph of Trap Proceedings.
Ex.P.33 : Photograph of Trap Proceedings.
Ex.P.33(a) : Signature of P.W.2 in Ex.P.33 Ex.P.34 : Transcription of M.O.2-Mobile conversation between P.W.1 and the Accused.
Ex.P.34(a) : Signature of P.W.1 in Ex.P.34.
Ex.P.34(b) : Signature of P.W.2 in Ex.P.34.
Ex.P.34(c) : Signature of P.W.6 in Ex.P.34 Ex.P.34(d) : Identified Signature of P.W.13 in the last page of Ex.P.34.
Ex.P.35 : Transcription of M.O.3-Mobile conversation between P.W.1 and the Accused Ex.P.35(a) : Signature of P.W.1 in Ex.P.35.
Ex.P.35(b) : Signature of P.W.2 in Ex.P.35.
Ex.P.35(c) : Signature of P.W.6 in Ex.P.35
- 24 - Spl.C.C.34/2012 Ex.P.35(d) : Identified Signature of P.W.13 in the last page of Ex.P.35.
Ex.P.36 : Transcription of M.O.4-Mobile conversation between P.W.1 and the Accused Ex.P.36(a) : Signature of P.W.1 in Ex.P.36.
Ex.P.36(b) : Signature of P.W.2 in Ex.P.36.
Ex.P.36(c) : Identified Signature of P.W.13 in Ex.P.36.
Ex.P.37 : Trap Proceedings Mahazar Dated 09.06.2011.
Ex.P.37(a) : Signature of P.W.1 in Ex.P.37.
Ex.P.37(b) : Identified Signature of P.W.13 in Ex.P.37.
Ex.P.37(c) : Identified Signature of Witness-Sri.Gururaj Hulgi in Ex.P37.
Ex.P.37(d) : Identified Signature of Witness-
Dr.Veerakumara Reddy in Ex.P37.
Ex.P.37(e) : Identified Signature of Witness-Sri.Satish Chitagubbi in Ex.P37.
Ex.P.38 : Voice Identification Memo Dated 09.06.2011.
Ex.P.38(a) : Signature of P.W.1 in Ex.P.38.
- 25 - Spl.C.C.34/2012 Ex.P.38(b) : Identified Signature of P.W.13 in Ex.P.38.
Ex.P.38(c) : Identified Signature of Witness-Sri.Gururaj Hulgi in last page of Ex.P.38.
Ex.P.38(d) : Identified Signature of Witness-
Dr.Veerakumara Reddy in last page of Ex.P.38.
Ex.P.38(e) : Identified Signature of Witness-Sri.Sathish Chatagubbi in last page of Ex.P.38.
Ex.P.38(f) : Identified Signature of Witness-
Sri.M.Veeramalai in last page of Ex.P.38.
Ex.P.39 : Handwriting of P.W.2 (Currency Notes Denomination and Numbers).
Ex.P.39(a) : Signature of P.W.2 in Ex.P.39.
Ex.P.39(b) : Signature of P.W.3 in Ex.P.39.
Ex.P.40 : Office Behavior Register.
Ex.P.40(a) : Signature of P.W.2 in Ex.P.40.
Ex.P.41 : Office Attendance Register.
Ex.P.41(a) : Signature of P.W.2 in Ex.P.41.
Ex.P.41(b) : Notes in Ex.P.41 made by P.W.6
- 26 - Spl.C.C.34/2012 Ex.P.41(c) : Signature of P.W.6 in Ex.P.41 Ex.P.42 : File relating to Sri.Johnson (Pages-1 to 33) Ex.P.42(a) : Signature of P.W.2 in Ex.P.42.
Ex.P.42 : File containing Ex.P.42(b) * * * * Ex.P.42(a) : Signature of P.W.2 in Ex.P.42.
Ex.P.42(b) : Letter given by P.W.1 to the Regional Commissioner of PF. *** Ex.P.42(c) : Signature of P.W.1 in Ex.P.42(b) * * * Ex.P.42(d) : Challan in Ex.P.42 Ex.P.42(e) : The Letter with 7 other documents handed over by P.W.1 to Regional Commissioner of PF.
Ex.P.42(f) : The Letter with 7 other documents handed over by P.W.1 to Regional Commissioner of PF.
Ex.P.42(g) : The Letter with 7 other documents handed over by P.W.1 to Regional Commissioner of PF.
Ex.P.42(h) : The Letter with 7 other documents handed over by P.W.1 to Regional Commissioner of PF.
Ex.P.42(i) : The Letter with 7 other documents handed over by P.W.1 to Regional Commissioner of PF.
- 27 - Spl.C.C.34/2012 Ex.P.42(j) : The Letter with 7 other documents handed over by P.W.1 to Regional Commissioner of PF.
Ex.P.42(k) : The Letter with 7 other documents handed over by P.W.1 to Regional Commissioner of PF.
Ex.P.42(l) : Signature of P.W.3 in Ex.P.42.
Ex.P.42(m) : Signature of Pancha in Ex.P.42.
Ex.P.42(n) : Identified PF Account No. by P.W.3 in Ex.P.42.
Ex.P.42(o) : Office Copy of Coverage Memo Order in Ex.P.42 Ex.P.42(p) : Signature of P.W.6 in Ex.P.42 Ex.P.42(q) : Office Copy of Letter of Duplicate Coverage Memo issued by P.W.6 to P.W.1.
Ex.P.43 : PPF Coverage Register.
Ex.P.43(a) : Entry pertaining to the Complainant in Page-
32. Ex.P.43(b) : Signature of P.W.2 in Ex.P.43(a).
Ex.P.43(c) : Signature of P.W.2 in Ex.P.43(a).
Ex.P.44 : Speed Post Booking Journal.
- 28 - Spl.C.C.34/2012 Ex.P.44(a) : Signature of P.W.2 at last page in Ex.P.44.
Ex.P.44(b) : Signature of P.W.3 in Ex.P.44.
Ex.P.45 : Speed Post Booking Journal.
Ex.P.45(a) : Signature of P.W.2 at last page in Ex.P.45.
Ex.P.45(b) : Signature of P.W.3 in Ex.P.45.
Ex.P.46 : The Challan handed over by P.W.1 to Regional Commissioner of PF.
Ex.P.47 : The DD handed over by P.W.1 to Regional Commissioner of PF.
Ex.P.48 : Letter given by P.W.1 to the Lokayukta Police Ex.P.48(a) : Signature of P.W.1 in Ex.P.48.
Ex.P.48(b) : Signature of P.W.17 in Ex.P.48.
Ex.P.48(c) : Endorsement Portion of P.W.17 in Ex.P.48.
Ex.P.49 : Calculation Sheet pertaining to Balance PF Amount.
Ex.P.49(a) : Signature of the Accused in Ex.P.49
- 29 - Spl.C.C.34/2012 Ex.P.49(b) : Signature of P.W.2 in Ex.P.49 Ex.P.49(c) : Signature of Sri.Gururaj Halagi on Ex.P.49 Ex.P.49(d) : Signature of P.W.3 in Ex.P.49.
Ex.P.50 : Conversation of the Accused and the Complainant reduced into writing Dated 05.05.2011 at Lokayuktha Office. (Sheets-4). Ex.P.50(a) : Signature of P.W.2 in Ex.P.50 at last page.
Ex.P.50(b) : Signature of Sri.Gururaj Halagi on Ex.P.50 at last page.
Ex.P.50(c) : Signature of P.W.3 in Ex.P.50.
Ex.P.51 : Conversation of the Accused and the Complaint reduced into writing at PF office (Sheets-3).
Ex.P.51(a) : Signature of P.W.2 in Ex.P.51 at last page.
Ex.P.51(b) : Signature of Sri.Gururaj Halagi on Ex.P.51 at last page.
Ex.P.51(c) : Signature of P.W.3 in Ex.P.51.
Ex.P.52 : FIR Ex.P.52(a) : Signature of P.W.3 in Ex.P.52.
- 30 - Spl.C.C.34/2012 Ex.P.53 : The Cover of Ex.P.52 Ex.P.54 : Copy of Cheque. Ex.P.55 : Copy of Work Order. Ex.P.56 : Copy of Annexure. Ex.P.57 : Copy of Registration Certificate. Ex.P.58 : Enrolment Certificate Ex.P.59 : Registration Certificate Ex.P.60 : PAN Card. Ex.P.61 : Dispatch Register of Compliance Section
Ex.P.61(a) : Relevant entry of Ex.P.61 (i.e.Sl.No.66 of Page-92) Ex.P.61(b) : Signature of P.W.3 in Ex.P.61.
Ex.P.61(c) : Signature of Pancha in Ex.P.61 Ex.P.61(d) : Signature of Pancha in Ex.P.61
- 31 - Spl.C.C.34/2012 Ex.P.62 : Ordinary Dispatch Register.
Ex.P.63 : Inward Register.
Ex.P.63(a) : Relevant entry in Ex.P.63 (i.e.,Sl.No.6 of Page-78) Ex.P.64 : Sketch of Scene Occurrence Ex.P.64(a) : Signature of P.W.3 in Ex.P.64.
Ex.P.64(b) : Signature of Pancha in Ex.P.64.
Ex.P.64(c) : Signature of Pancha in Ex.P.64.
Ex.P.65 : Sketch of Scene Occurrence Ex.P.65(a) : Signature of P.W.3 in Ex.P.65 Ex.P.65(b) : Signature of Pancha in Ex.P.65.
Ex.P.65(c) : Signature of Pancha in Ex.P.65.
Ex.P.66 : Letter Dated 31.08.2000 (9 Sheets) Ex.P.67 : Letter Dated 08.07.2001.
- 32 - Spl.C.C.34/2012
Ex.P.68 : Copy of Employees' Provident Fund &
Miscellaneous Provisions Act
Ex.P.69 : Copy of Leave Extract portion of Service
Register of the Accused.
Ex.P.70 : Attested copy of Casual Leave Chart of the
Accused.
Ex.P.71 : Seizure Memo.
Ex.P.71(a) : Signature of P.W.4 in Ex.P.71.
Ex.P.71(b) : Identified Signature of P.W.13 in Ex.P.71.
Ex.P.72 : The File pertaining to Sri.T.Amaresh Ex.P.73 : Seizure Memo relating to seizure of Ex.P.72 Ex.P.73(a) : Signature of P.W.4 in Ex.P.73.
Ex.P.73(b) : Identified Signature of P.W.13 in Ex.P.73.
Ex.P.74 : Work Order of Dismantling, Fabrication & Erection of DN80 Pipeline.
Ex.P.75 : Service Particulars Extract produced under Seizure Memo.
Ex.P.75(a) : Signature of P.W.6 in Ex.P.75
- 33 - Spl.C.C.34/2012 Ex.P.75(b) : Identified Signature of P.W.13 in Ex.P.75.
Ex.P.76 : Seizure Memo Ex.P.76(a) : Signature of P.W.6 in Ex.P.76 Ex.P.77 : Copy of Application Form pertaining to the Accused.
Ex.P.77(a) : Signature of P.W.8 in Ex.P.77 Ex.P.78 : Copy of PAN Card pertaining to the Accused.
Ex.P.78(a) : Signature of P.W.8 in Ex.P.78 Ex.P.79 : Copy of Salary Certificate pertaining to the Accused.
Ex.P.79(a) : Signature of P.W.8 in Ex.P.79 Ex.P.79(b) : Salary Certificate pertaining to the Accused.
Ex.P.79(c) : Terms & Conditions Letter.
Ex.P.80 : Copy of Particulars of Customers.
Ex.P.80(a) : Signature of P.W.8 in Ex.P.80
- 34 - Spl.C.C.34/2012 Ex.P.81 : Portion of Statement of P.W.9 Ex.P.82 : Call Data Record for the period from 28.04.2011 to 05.05.2011 pertaining Mobile No.9449048566.
Ex.P.82(a) : Identified Signature of P.W.10 in Ex.P.82.
Ex.P.83 : Portion of Statement of P.W.11 given before the CBI Officers.
Ex.P.84 : Portion of Statement of P.W.11 given before the CBI Officers.
Ex.P.85 : Sanction Order issued by P.W.12.
Ex.P.85(a) : Signature of P.W.12 on the last page of Ex.P.85.
Ex.P.86 : File relating to this case transferred from Lokayuktha to CBI, Bengaluru.
Ex.P.87 : FIR.
Ex.P.88 : Receipt Memo of Documents and Mos
received from P.W.3 by P.W.13.
Ex.P.88(a) : Identified Signature of P.W.13 in Ex.P.88.
Ex.P.89 : Letter regarding forwardal of Sealed Bottles -
M.O.15, M.O.17 & M.O.19 to Chemical Examiner.
Ex.P.89(a) : Identified Signature of P.W.13 in Ex.P.89.
- 35 - Spl.C.C.34/2012
Ex.P.89(b) : Identified Signature of Sri.R.Hitendra in
Ex.P.89.
Ex.P.90 : Chemical Examiner's Report in respect of
M.O.15, 17 & M.O.19.
Ex.P.90(a) : Identified signature of P.W.18 in Ex.P.90.
Ex.P.91 : Seizure Memo relating to the seized
documents of DD Challan and DD.
Ex.P.91(a) : Identified Signature of P.W.13 in Ex.P.91.
Ex.P.91(b) : Identified Signature of Rs.T.Srinivasa Rao in
Ex.P.91.
Ex.P.92 : Copy of Covering Letter regarding forwardal
of Sealed Covers containing CDs to CFSL, New Delhi.
Ex.P.92(a) : Identified Signature of P.W.13 in Ex.P.92.
Ex.P.92(b) : Identified Signature of Rs.Hitendra in Ex.P.92.
Ex.P.93 : CFSL Report received by CBI.
Ex.P.93 (a) : Signature of the witness.
Ex.P.93 (b) : Signature of the witness.
Ex.P.93 (c) : Signature of the witness.
- 36 - Spl.C.C.34/2012 Ex.P.93 (d) : Signature of the witness.
Ex.P.93 (e) : Signature of the witness.
Ex.P.93 (f) : Signature of the witness.
Ex.P.94 : Letter for collected Ex.P.77 to Ex.P.79 & Ex.P.82.
Ex.P.94(a) : Identified Initials of P.W.13 in Ex.P.94.
Ex.P.94(b) : Identified Signature of Rs.Baburaj in Ex.P.94.
Ex.P.95 : Seizure Memo seized Ex.P.96 to 99.
Ex.P.95(a) : Identified Signature of P.W.13 in Ex.P.95.
Ex.P.95(b) : Identified Signature of C.W.23 in Ex.P.95.
Ex.P.96 : Customer Application Form relating to Mobile Phone of the Complainant.
Ex.P.97 : Copy of Driving License relating to Mobile Phone of the Complainant.
Ex.P.98 : Call Register Extract relating to Mobile Phone of the Complainant.
Ex.P.99 : Call Register Extract relating to Mobile Phone of the Complainant.
- 37 - Spl.C.C.34/2012 Ex.P.100 : Copy of EPF & MP Act. Ex.P.101 : Letter received from C.W.23 by P.W.13.
Ex.P.101(a) : Identified Initials of P.W.13 in Ex.P.101.
Ex.P.102 : Search List relating to residential premises of the Accused.
Ex.P.102(a) : Identified Signature of P.W.13 in last page of Ex.P.102.
Ex.P.102(b) : Identified Signature of Rs.R.Shridhar in last page of Ex.P.102.
Ex.P.102(c) : Identified Signature of Rs.Krishnamurthy in last page of Ex.P.102.
Ex.P.103 : Record Made U/S.165(1) Cr.P.C., (Obtained permission to retain the documents and properties with P.W.13).
Ex.P.104 : Sketch of scene of offence prepared by the Assistant Engineer, PWD.
Ex.P.105 : Letter of Assistant Executive Engineer.
Ex.P.106 : Letter of P.W.3. Ex.P.107 : Permission Letter - Transferring Original FIR
from Bellary District & Sessions Court to this Court.
Ex.P.108 : Circular regarding handing over the trap cases by Lokayuktha and taking over of the cases by CBI.
- 38 - Spl.C.C.34/2012 Ex.P.109 : Copy of Letter - Regarding handing over the
trap cases by Lokayuktha and taking over of the cases by CBI.
Ex.P.110 : Copy of Letter - Regarding handing over the trap cases by Lokayuktha and taking over of the cases by CBI.
Ex.P.111 : Work sheet maintained by P.W.15 while conducting examination.
Ex.P.111(a) : Signatures of the witness. to P111(z) and P111(aa) to P111(af) Ex.P.111(ag) : Signature of Sunil Kumar.
Ex.P.112 : Letter sent by P.W.15 to CBI regarding send a person knowing Kannada and Hindi language Ex.P.112(a) : Signature of P.W.15 in Ex.P.112.
Ex.P.113 : Covering letter issued by CBI
Ex.P.114 : Customer application form
Ex.P.115 & : Call details
116
Ex.P.117 : letter
- 39 - Spl.C.C.34/2012
LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF PROSECUTION:-
MATERIAL PARTICULARS MARKED OBJECT NO. THROUGH M.O.1 : Pant. P.W.1 M.O.1(a) : Signature of P.W.2 on Pant Cover. P.W.2 M.O.1(b) : Red mark Portion of M.O.1 P.W.3
M.O.1(c) : Signature of P.W.3 on M.O.1. P.W.3 M.O.2 : Pre-trap conversations recorded CD. P.W.1 M.O.2(a) : The Cover of CFSL P.W.1 M.O.2(b) : The Cover of M.O. P.W.1 M.O.2(b) : CD of conversation of the Accused and P.W.2 the Complainant.
M.O.2(c) : The Cover of Lokayukta P.W.1 M.O.2(d) ; Signature of P.W.2 on M.O.2(b). P.W.2 M.O.2(e) : Signature of P.W.3 on M.O.2(c). P.W.3 M.O.2(f) : Signature of Pancha identified by P.W.3 P.W.3 M.O.2(g) : Signature of Pancha identified by P.W.3 P.W.3 M.O.2(h) : Identified Signature of P.W.13 in P.W.13 M.O.2(b).
M.O.3 : Trap conversations recorded CD. P.W.1
M.O.3(a) : The Cover of CFSL P.W.1
M.O.3(b) : The Cover of M.O. P.W.1
- 40 - Spl.C.C.34/2012
M.O.3(b) : CD of conversation of the Accused and P.W.2
the Complainant.
M.O.3(c). : Cover of Lokayukta P.W.1
M.O.3(d) : Signature of P.W.2 on M.O.3(b) P.W.2
M.O.3(e) : Signature of P.W.3 on M.O.3(a) P.W.3
M.O.3(f) : Signature of Pancha on M.O.3(a) P.W.3
M.O.3(g) : Signature of Pancha on M.O.3(a) P.W.3
M.O.3(h) : Identified Signature of P.W.13 in P.W.13
M.O.3(b).
M.O.4 : Voice Sample of the Accused recorded P.W.1
CD.
M.O.4(a) : Sealed Cover of M.O.4 by CFSL P.W.1
M.O.4(b) : Sealed Cover of M.O.4 by M.O. P.W.1
M.O.4(c) : Signature of P.W.2 on M.O.4. P.W.2 M.O.4(d) : Identified Signature of P.W.13 in P.W.13 M.O.4(b).
M.O.5 : Seized Cash of Rs.24,000/-. P.W.1 M.O.6 : Sealed Cover contained M.O.5. P.W.1 M.O.6(a) : Signature of P.W.3 on M.O.6 P.W.3 M.O.6(b) : Signature of Pancha on M.O.6. P.W.3 M.O.6(c) : Signature of Pancha on M.O.6. P.W.3 M.O.7 : Cash of Rs.1,000/- P.W.1
- 41 - Spl.C.C.34/2012 M.O.8 : Sealed Cover contained M.O.7. P.W.1 M.O.8(a) : Signature of P.W.3 on M.O.8. P.W.3 M.O.8(b) : Signature of Pancha on M.O.8. P.W.3 M.O.8(c) : Signature of Pancha on M.O.8. P.W.3 M.O.8(d) : Signature of Pancha on M.O.8. P.W.3 M.O.9 : Phenolphthalein Powder contained P.W.1 Bottle.
M.O.9(a) : Signature of P.W.2 in M.O.9. P.W.2 M.O.9(b) : Signature of P.W.3 in M.O.9. P.W.3 M.O.10 : Phenolphthalein Powder contained P.W.1 Bottle.
M.O.10(a) : Signature of P.W.2 in M.O.10. P.W.2 M.O.10(b) : Signature of P.W.3 in M.O.10. P.W.3 M.O.11 : Phenolphthalein Powder contained P.W.1 Bottle.
M.O.11(a) : Signature of P.W.2 in M.O.11. P.W.2 M.O.11(b) : Signature of P.W.3 in M.O.11. P.W.3 M.O.12 : Phenolphthalein Powder contained P.W.1 Bottle.
M.O.12(a) : Signature of P.W.2 in M.O.12. P.W.2 M.O.12(b) : Signature of P.W.3 in M.O.12. P.W.3 M.O.13 : Phenolphthalein Powder contained P.W.1 Bottle.
- 42 - Spl.C.C.34/2012 M.O.13(a) : Signature of P.W.2 in M.O.13. P.W.2 M.O.13(b) : Signature of P.W.3 in M.O.13. P.W.3 M.O.14 : Phenolphthalein Powder contained P.W.1 Bottle.
M.O.14(a) : Signature of P.W.2 in M.O.14. P.W.2 M.O.15 : Bottle containing Left hand wash P.W.1 solution.
M.O.15(a) : Signature of P.W.3 on M.O.15 P.W.3 M.O.15(b) : Signature of Pancha on M.O15. P.W.3 M.O.15(c) : Signature of Pancha on M.O15. P.W.3 M.O.15(d) : Identified Signature of P.W.18 in P.W.18 M.O.15.
M.O.16 : Bottle containing Left hand wash P.W.1 solution.
M.O.16(a) : Signature of P.W.3 on M.O.16 P.W.3 M.O.16(b) : Signature of Pancha on M.O16. P.W.3 M.O.16(c) : Signature of Pancha on M.O16. P.W.3 M.O.17 : Bottle containing right hand wash P.W.1 solution.
M.O.17(a) : Signature of P.W.3 on M.O.17. P.W.3 M.O.17(b) : Signature of Pancha on M.O.17 P.W.3 identified by P.W.3 M.O.17(c) : Signature of Pancha on M.O.17 P.W.3 identified by P.W.3 M.O.17(d) : Identified Signature of P.W.18 in P.W.18 M.O.17.
- 43 - Spl.C.C.34/2012
M.O.18 : Bottle containing right hand wash P.W.1
solution.
M.O.18(a) : Signature of P.W.3 on M.O.18. P.W.3 M.O.18(b) : Signature of Pancha on M.O.18 P.W.3 identified by P.W.3 M.O.18(c) : Signature of Pancha on M.O.18 P.W.3 identified by P.W.3 M.O.19 : Bottle containing solution of M.O.1. P.W.1 M.O.19(a) : Signature of P.W.3 in M.O.19. P.W.3 M.O.19(b) : Signature of Pancha in M.O.19. P.W.3 M.O.19(c) : Signature of Pancha in M.O.19. P.W.3 M.O.19(d) : Identified Signature of P.W.18 in P.W.18 M.O.19.
M.O.20 : Bottle containing solution of M.O.1. P.W.1 M.O.20(a) : Signature of P.W.3 in M.O.20. P.W.3 M.O.20(b) : Signature of Pancha in M.O.20. P.W.3 M.O.20(c) : Signature of Pancha in M.O.20. P.W.3 M.O.21 : Mobile Phone seized from the house of P.W.13 the Accused by P.W.13.
LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE ACCUSED : ---NIL---
(K.H.MALLAPPA) XLVI Addl. City Civil and Sessions Judge and Special Judge for C.B.I. Cases, Bengaluru.