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Appellant-accused has assailed the judgment of his conviction and order of sentence dated 14th June 2011 passed in Spl.Case No.54/2009 by the III Addl. Sessions and Spl.Judge, Mysuru.

2. Parties to this appeal are referred to as per their rank before the trial Court for convenience.

3. Brief facts leading upto this appeal are as under:

That, accused was charge-sheeted by the Circle Inspector of Police, Lokayukta, Mysuru alleging commission of offences punishable under Section 7 and 13(1)(d) read with Sec.13(2) of Prevention of Corruption Act, 1988 (for short `the Act') on the ground that accused at the relevant time was working as a II Division Surveyor in Survey Department at K.R.Nagara, Mysore District. To the said survey department, complainant Raghuram and his brother arrayed in the charge sheet as CW.7 by name NC: 2024:KHC:24606 Thyagaraju submitted an application to survey their land situated at Senabinakuppa Village, Saligrama Hobli, K.R.Nagara Taluka and requested to fix the boundaries and also make phodies of the land. It is stated that, it was accused who received the said application. When complainant CW.1 by approaching the accused requested him to conduct the survey and phodi work, but, accused went on postponing the same. Often, complainant visited the office of the accused. Even complainant has deposited the survey charges as required. It is alleged by the complainant, that it was accused who demanded to pay Rs.1,500/- for conducting survey and phodi work as requested in the application. As complainant was not inclined to pay the bribe amount, therefore, on 15.5.2007, he approached Lokayukta Police of Mysore and submitted written complaint about demanding of bribe by the accused.

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NC: 2024:KHC:24606

38. Thus, on reading the entire evidence spoken to by this PW.3, he never states that, there was a demand made by the accused to pay the bribe for the purpose of conducting survey of the landed property of the complainant.

39. PW.4 A.Ramegowda, is the Inspector of Survey Settlement and Land Records working in K.R.Nagar at the relevant time. It is his evidence that, at that time, accused was working as a Surveyor in the Phodi section. According to him, on 15.5.2007 when he was in the office, Lokayukta Police came to the Phodi section of his office and conducted a trap on the accused on the ground that, he has taken money from the complainant. The police prepared Panchanama and took his signature and prepared the statement also. He has put his signature to Ex.P3 on that day. According to him, the Police seized the documents from Mahadeva.

40. This PW.4 has been thoroughly cross-examined by the defence. It is elicited from the mouth of this

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NC: 2024:KHC:24606 witness that, he was working in the said office from 1.7.2005. Accused was working in Phodi section. According to him, phodi Surveyor and field Surveyor are different. Further, he states that, phodi surveyors work in the office and field Surveyor works in the field to survey the landed property. Accused was not entrusted to survey the landed property by visiting the field. It is elicited that, in the said K.R.Nagara Survey Office, there were eight surveyors. Out of them, two were deputed to Maddur Taluk of Mandya District, 6 surveyors were working in the Registry of the said office, so also another person was working in phodi section. The other four surveyors were deputed to field surveying.

43. PW.5 Mahadeva Chikkabommegowda is the Phodi Surveyor. According to his evidence, he came to know that, on 15.5.2007, the Lokayukta police conducted trap on the accused. The Police officers asked him to furnish the documents pertaining to Survey No.3/2 Bannikuppe village belonging to Raghuram and Thyagaraj. Accordingly, he furnished the entire docket to the Lokayukta police. Police have seized them. According to him, on 2.5.2007 itself, the entire docket has come to him. But, the raid was conducted on 15.5.2007, that means, the accused was no way concerned for the purpose of conducting survey of the landed property on 15.5.2007 as already file was sent to the Phodi Department for the purpose of conducting survey. Even he states that, he does not remember what was the date