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4. An attempt made to trap the accused on 8.1.2013 became failed, as the accused did not come to the shop of the complainant. In this regard, a Mahazar has been drawn as per Ex.P3.

5. On 9.1.2013, once again Pre-Trap proceedings were conducted. At about 12.05 pm, CW22 along with the Trap Team Members, complainant and two panch witnesses left for NGV, Kormangala, in two Government vehicles. CW2-Yuvaraj was instructed to stand nearby the shop premises of the complainant as public and watch the things. CCTV was installed in the shop premises of the complainant. CW22 was sitting in the store room and viewing the CCTV. At about 1.20 pm, the accused came in the motor bike and entered the shop of the complainant. He spoke to the complainant for some time. Thereafter, the accused came out of the shop of the complainant and when he was about to start his bike, the complainant gave signal. Immediately, CW22 came out of the store room, removed the key from the bike and apprehended the accused. The accused was taken inside the shop premises. CW22 disclosed his identity and informed the purpose of visit. When the accused came to know that he was trapped by the Lokayuktha Police, got angry, started screaming and shouting against the complainant by saying that "are you going to send me to jail", removed the tainted currency notes from his left side pant pocket and threw it on the face of the complainant. CW22 and other Trap Team Members made the accused to calm down. Both the hand fingers of the accused were washed in the sodium carbonate solution. The said solution becomes pink colour. The tainted currency notes of Rs.20,000/-(MO2) lying on the chair and the floor were recovered. The said currency notes were verified and tallied with the currency notes sheet. The balance amount of Rs.2000/- were recovered from the complainant. The pant of the accused was seized by making an alternate arrangement. CW22 has recorded the statement of the complainant & CW2-Yuvaraj and incorporated the substance of it in the Trap Mahazar. The Digital Voice Recorder given to the complainant at the time of trap was played in front of the witnesses. The contents of it were converted into CD and transcript into writing. The accused gave his statement in writing as per Ex.P14. CW9-Sri S.N.Subhashchandra, PSI (L & O), Audugodi Police Station, has identified the accused and his voice. In this regard, he gave his Report as per Ex.P15. The entire proceedings were video graphed. The contents of the video graph were converted to CD. All the seized articles were sealed with Metal seal by using the English word 'K" and handed over the Metal Seal to CW3-Chetan Kumar. Trap Mahazar was prepared as per Ex.P4 and obtained the signature of the witnesses. On 10.1.2013, the complainant produced the CD containing the CCTV footage and the same was played in the presence of the witnesses. The said CD was seized. CW22 has secured SHD of 8.1.2013 & 9.1.2013, Duty Roster Extract, Nominal Roll of the accused, list of the Mobile numbers of the staff of Audugodi Police Station, got xerox copies of the said documents, attested them through CW9 and seized it as per Ex.P17. CW22 has secured the service particulars of the accused (Ex.P18), Duty Allotment Order(Ex.P19), Mobile call details of the complainant & the accused (Ex.P20), Chemical Examination Report(Ex.P21), Spot Sketch (Ex.P22). After completion of the investigation, he sent the Final Report to the Sanctioning Authority seeking permission to prosecute the accused. CW22 received the Sanction Order on 21.5.2013 and submitted the charge sheet against the accused before the Court on 22.5.2013 for the offence punishable under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act,1988.

13. PW1 has further deposed that on 9.1.2013, once again pre-trap proceedings were conducted and left for shop of the complainant in the Government vehicle at about 1.00 pm. Lokayuktha Police Inspector, CW19-Vanajakshi & he, went to the shop of the complainant. Rest of the Trap Team Members were standing nearby the shop of the complainant. At about 2.30 pm., two persons came in the bike. The pillion rider got down from the bike and entered the shop of the complainant. He was standing in the shop of the complainant by acting as a customer. The Lokayuktha Inspector was sitting inside the room and viewing the CCTV. The complainant gave signal. The complainant gave tainted currency notes of Rs.20,000/- to the said person, who in turn received from his right hand and kept it in his left side pant pocket and came out of the shop. Immediately, the Lokayuktha Inspector, came out of the shop and apprehended the said person. The other Trap Team Members had also rushed to the spot. The accused was taken inside the shop. The accused was screaming and abusing the complainant by saying that " are you sending me to jail" , and he removed the tainted currency notes from the pant pocket and threw it on the face of the complainant. First, both the hand fingers of the accused were washed separately in the sodium carbonate solution, the said solution turned to pink colour. Thereafter, the tainted currency notes lying on the floor were recovered. The balance amount of Rs.2000/- was recovered from the complainant. Thereafter, the accused was taken to Audugodi Police Station wherein his pant was recovered. The accused has given statement in writing about he being in possession of the currency notes. The complainant and he handed over the Voice Recorder and camera to the Lokayuktha Inspector and same was played, contents of it were converted to CD and transcript into writing. Entire trap proceedings were reduced into writing. The Trap Mahazar was prepared as per Ex.P4 and obtained the signature. All the seized articles were sealed with Metal Seal by using the English letter 'K' and the Metal Seal was handed over to CW3-Chetan Kumar.

22. During the course of cross-examination made on behalf of the accused, it is elicited that, the accused was working as Head Constable, all the Police Stations come under the jurisdiction of Commissioner of Police. The accused being a Head Constable had no independent power to investigate into the matter. The Sanction Order issued by him is based on the letter of ADGP-Karnataka Lokayuktha, and Final Report submitted by the Investigating Officer.

23. PW-5 is the Investigating Officer. PW-5 has deposed about registering of FIR, drawing of Entrustment Mahazar, laying of trap, resultant hand wash of accused turning to pink colour, recovery of currency notes of Rs.20,000/- which were scattered on the floor and Rs.2000/- from the complainant, playing of Digital Voice Recorder and Button Camera containing the conversation/scene, converting into CD and transcript into writing, identification of voice of accused through CW9, seizure of CCTV footage and converting it into CD, drawing of Seizure Mahazar, obtaining the copy of SHD of 8.1.2013 & 9.1.2013, Duty Roster Extract, Nominal Roll of the accused, list of mobile numbers of the staff of Audugodi Police Station along with the covering letter, recording of statement of witnesses, incorporating material substance of the statements of witnesses in the Trap Mahazar, collecting Service Particulars and Duty Allotment Order of the accused, receipt of Chemical Examination Report, obtaining spot sketch & receiving Sanction Order from the Competent Authority to prosecute the accused, etc.