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3. On 2.5.2011, CW2-Eshwarappa & CW3-Bramachari, the employees of Panchayat Raj, Engineering Circle, Bangalore were secured to act as witnesses to the trap. The complainant 4 Spl.C.C.146/2011.C.C.146/2011 produced Rs.500/-(5 currency notes denomination of Rs.100/-). The serial number of the currency notes was recorded as per Ex.P3. The currency notes were smeared with phenolphthalein powder. CW3-Bramachari after verifying & counting the tainted currency notes, placed it in the left side shirt pocket of the complainant. Both the hand fingers of CW-3 were washed in sodium carbonate solution. The solution becomes pink colour. The Voice Recorder produced by the complainant along with the complaint was played in the presence of the witnesses & the contents of it were converted to CD and transcript into writing as per Ex.P-4. The complainant was instructed to go to the accused, speak with him about the work, and to give the money only on demand. He was further instructed to give signal by removing the spectacles if the accused received the money. The Complainant was provided with Digital Voice Recorder & Button Camera with an instruction to record the conversation/scene. CW2-Eshwarappa(shadow witness) was instructed to follow the complainant and to observe what transpires between the complainant & accused. Entrustment Mahazar as per Ex.P5 was prepared and obtained the signature of the witnesses. The entire pre-trap-proceedings were covered by video, contents of it were converted to CD.

6 Spl.C.C.146/2011.C.C.146/2011 The Digital Voice Recorder and Button Camera given to the complainant at the time of the trap was played in the presence of the witnesses, CW5-Dr.Nayanatara Patil, Health Officer, Yelahanka & CW7-Bhargav-Senior Health Officer, Mahadevapura Division, BBMP and contents of it were converted to CD and transcript into writing. CW5 & CW7 have identified the accused & his voice and submitted the Report in this regard. The conversation between the complainant & accused recorded in the mobile phone was converted to CD and transcript into writing. The accused gave his statement in writing about he being in possession of the tainted currency notes. The entire trap proceedings were covered by video. The Attendance Register was secured from BBMP office, K.R.Puram. All the seized articles were sealed with Metal Seal by using Kannada letter " R ". Trap Mahazar was prepared as per Ex.P6. The documents relating to CW4-Mohan Raj & Report were obtained from the Health Officer, BBMP, K.R.Puram. The Investigating Officer received the Call Detail Records of mobile phone of the accused as per Ex.P21, B- Register extract & other documents relating to the two wheeler of the accused as per Ex.P22, Chemical Examination Report as per Ex.P23, and Spot Sketch as per Ex.P24. After completion of the investigation, Final Report was sent to the Competent Authority seeking sanction to prosecute the accused. After receiving the Sanction Order-Ex.P9 from the Competent Authority, the Investigating Officer has filed the charge sheet before the Court 7 Spl.C.C.146/2011.C.C.146/2011 against the accused for the offence punishable under punishable u/s 7, 13(1)(d) & 13(2) of Prevention of Corruption Act,1988.

15 Spl.C.C.146/2011.C.C.146/2011

15. During the course of cross-examination of PW1, it is elicited that, when he made a phone call, he was told by the accused to come nearby Shell Petrol Bunk. He crossed the road and went nearby the Shell Petrol Bunk where the accused was standing. CW2-Eshwarappa was standing opposite to Shell Petrol Bunk. The said road was busy road.

16. The prosecution has examined CW2-Eshwarappa as PW-2. PW2 is a shadow witness. PW-2 has deposed that, on 2.5.2011, he was called to Lokayuktha Police Station to act as witness in the trap. PW2 has deposed about conducting of Pre- trap proceedings, preparing of Entrustment Mahazar as per Ex.P5, playing of Voice Recorder produced by the complainant along with the complaint, converting the contents of the Voice Recorder to CD & transcript into writing. PW2 has further deposed that, at about 1.30 PM, they left for BBMP office, K.R.Puram. The accused was not present in the office. Thereafter, they left for BBMP office, Mahadevapura and then to Shell Petrol Bunk. PW1 proceeded towards the Petrol Bunk. He followed him. PW1 crossed the road. He did not cross the road as there was heavy vehicular traffic in the said road. He was not able to overhear the conversation between the accused & the complainant, nor see the complainant paying the money to the accused. He went to the spot along with the Lokayuktha Police after receiving the signal. Tainted currency notes were recovered from the accused. Thereafter, hand wash of the accused was 16 Spl.C.C.146/2011.C.C.146/2011 taken, which turned to pink colour. PW2 has further deposed about seizure of the documents from the BBMP office, Mahadevapura, seizure of the pant of the accused, obtaining written statement of the accused, drawing of Trap Mahazar, recording of his statement u/s 164 of Cr.P.C. by 17th ACMM Court.

20. The prosecution has examined CW20- Niranjankumar C., Lokayuktha Police Inspector, as PW-4. PW-4 is the Investigating Officer. PW-4 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.500/-(MO1) from accused, converting the contents of Button Camera and Digital Voice Recorder into CD & transcript into writing, identification of voice of accused through CW5- Dr.Nayanatara Patil & CW7-Bharghav, recording of statement of witnesses, incorporating material substance of the statements of witnesses in the Trap Mahazar, obtaining of Attendance Register extract, receipt of Chemical Examination Report, receipt of Call Detail Records, receipt of B-Register Extract in respect of two wheeler vehicle bearing No.KA-53-J-6536, obtaining spot sketch 18 Spl.C.C.146/2011.C.C.146/2011 from AEE-PWD, receiving Sanction Order from the Competent Authority to prosecute the accused, etc.