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3. CW3-D.Kalaiah, CW4-Ananthanarayana, the employees of Director of Industries & Commerce, were secured as witnesses to the trap. The complainant produced Rs.3000/- (6 currency notes denomination of Rs.500/-). The serial number of the currency notes was recorded as per Ex.P4. The said currency notes were smeared with phenolphthalein powder. CW4-G.S.Ananthanarayana after verifying and counting the tainted currency notes placed it in the shirt pocket of the complainant. Both hand fingers of CW4 were washed in sodium carbonate solution. The said solution becomes pink colour. The Digital Voice Recorder produced along with the complaint was played in the presence of the witnesses. The contents of the Digital Voice Recorder were converted into CD and transcript into writing. The complainant was instructed to approach the accused, speak about the work and to give the amount only on demand. He was further instructed to give signal by giving a miss call if the accused received the amount. Voice Recorder and Button Camera were given to the complainant with an instruction to switch it on when he is going to meet the accused to give money and to record the conversation/scene. At the request of the complainant, CW2- Rajanna was asked to act as shadow witness and to observe what transpires between the complainant & the accused. The entire pre-trap proceedings were covered with video. Entrustment Mahazar-Ex.P2 was prepared and obtained the signature of the witness.

4. On the same day, at about 2.40 PM, CW22 along with the Trap Team Members, complainant, CW2-Rajanna & two Pancha-witnesses left for Office of the Assistant Revenue Officer, BBMP, Byataratanapura, Thanisandra. While proceeding towards Thanisandra, the complainant made a phone call to the accused by switching on the loud speaker. The accused told the complainant to come to Thanisandra. The said conversation was recorded in the Voice Recorder. The vehicle was parked at the distance of 100 meters. The complainant & his friend-Rajanna went inside the BBMP Office. The remaining Trap Team Members were standing outside the BBMP office waiting for the signal from the complainant. At about 3.40 PM, CW2-Rajanna gave pre-instructed signal. He led the Trap Team Members to BBMP office. The complainant pointed out accused No.1 & 2. CW22 disclosed his identity and informed the purpose of visit. On being questioned, accused No.1 & 1 have disclosed their identity. The complainant informed the Investigating Officer that, as per the instructions of accused No.1, he gave the money to accused No.2, who received and kept it in his right side hip pocket. Both the hand fingers of accused No.2 were washed separately in sodium carbonate solution. The said solution becomes pink colour. The tainted currency notes of Rs.3000/- (MO12) was recovered from accused No.2. The said currency notes were got verified and tallied with the currency notes sheet. The pant of the accused No.2 was seized. The file pertaining to the complainant-Ex.P7 was secured through CW10-Puttarajanna, ARO. The Attendance Register was seized. The accused persons were brought to Lokayuktha Police Station and continued the trap proceedings. The Spy Camera & Voice Recorder given to the complainant at the time of trap was played in the presence of the witnesses and contents of it were converted into CD & transcript into writing. Entire trap proceedings were covered with video. The contents of the video were converted into CD. All the seized articles were sealed with Metal Seal by using English letter 'D'. The Metal Seal was handed over to CW3-Kalaiah and obtained an acknowledgment. Trap Mahazar was prepared as per Ex.P3 and obtained the signature of the witnesses. The Investigating Officer recorded the statement of the complainant & his friend Rajanna. The accused No.1 & 2 gave their statement in writing as per Ex.P13 & P14. The Investigating Officer has arrested accused No.1 & 2 by following the due procedure and produced them before the Court. The Investigating Officer has recorded the statement of the witnesses. The Investigating Officer prepared Rough sketch as per Ex.P.17. He received the Chemical Examination Report as per Ex.P15, Spot Sketch as per Ex.P16, service particulars of accused No.1 as per Ex.P18 and mobile call details of accused No.1 as per Ex.P19. After completion of investigation, the Investigating Officer sent the Final Report to the Competent Authority seeking sanction to prosecute the accused No.1. After receiving Sanction Order (Ex.P5) from the Competent Authority, CW22 has filed the charge sheet against the accused No.1 & 2 before the court on 12.03.2012 for the offence punishable under Sections 7, 8, 13(1) (d) r/w 13(2) of the Prevention of Corruption Act, 1988.

19. PW2 has turned hostile. He has not supported the prosecution case. The Learned Spl.P.P. has cross-examined PW2 at length. But nothing useful to the case of the prosecution is forthcoming during the course of cross- examination.

20. The prosecution has examined CW3-D.Kalaiah, as PW-3. PW-3 is one of the panch witnesses to the Entrustment Mahazar-Ex.P2 & Trap Mahazar-Ex.P3. PW3 has deposed about conducting of pre-trap proceedings by the Lokayuktha Police on 28.9.2011, preparing of Entrustment Mahazar as per Ex.P2, laying of trap against the accused, recovery of tainted currency notes from the accused No.2 and taking hand wash of accused No.2 in the sodium carbonate solution, playing of Spy camera and Digital Voice Recorder given to the complainant at the time of trap, converting contents of it into CD and transcript into writing, identifying the voice of accused No.1 through higher Officer, obtaining statement of accused No.1 & 2 in writing, etc.

22. The prosecution has examined CW22-Puttaswami H.P, the then Police Inspector of Karnataka Lokayuktha as PW-

4. PW-4 is the Investigating Officer, who has laid the trap. PW- 4 has deposed about registering of FIR, drawing of Entrustment Mahazar, laying of trap, resultant hand wash of accused No.2 turning to pink colour, recovery of currency notes of Rs.3,000/- (MO12) from accused No.2, converting the contents of Button Camera and Spy Camera into CD and transcript into writing, identification of voice of accused No.1 through Puttarajanna- CW10-ARO, recording of statement of witnesses, incorporating material substance of the statements of witnesses in the Trap Mahazar, collecting service particulars of accused No.1, receipt of Chemical Examination Report, obtaining spot sketch from AEE-PWD, receiving Sanction Order from the Competent Authority to prosecute the accused No.1, etc.