IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.5272 OF 2019 BETWEEN:
Sri.N.S.Chandrappa, S/o Shejappa, 52 years, Revenue Inspector, Mayakonda Hobli, Resident of No.606, 1st Main, A-Block, Near Golden Public School, 3rd Cross, DCM Layout, Davanagere-577 001. …Petitioner (Sri. Ravindra V.S., Advocate) AND 1. State of Karnataka, Represented by, Deputy Superintendent of Police, Anti-Corruption Bureau Police Station, Davanagere-577 001.
2. Sri.Ravikumar S, S/o Siddalingappa, 36 years, Agriculturist, R/o Anaberu Village, Davanagere Taluk & District-577 001. …Respondents This criminal petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings initiated against the petitioner in CR.No.2/2019 pending on the file of the learned Prl.District and Sessions Judge and SPL. Judge at Davanagere (FIR No.2/2019 dated:28.02.2019).
This petition coming on for admission this day, the Court made the following:
O R D E R The petitioner has sought for the following reliefs:
(i) Call for records;
(ii) Quash the First Information Report/FIR submitted on 28.02.2019 by the first respondent against the petitioner in Crime No.2 of 2019, which is pending on the file of the learned Principal District and Sessions Judge and Special Judge, at Davanagere vide Annexure-B for the offence punishable under Section 7(a) of Anti-Corruption Act, which is registered by Anti-Corruption Bureau Police Station, Davanagere.
(iii) Issue such other order or directions as deems fit in the circumstances of the case and allow the above criminal petition with costs, to meet the ends of justice and equity.”
2. Learned counsel for the petitioner vehemently contended, grievance of the complainant was not pending as on 28.02.2019, the date on which trap proceedings are laid by the office of the first respondent. The grievance of the complainant is for undertaking survey of his land by the petitioner which was conducted and completed on 25.02.2019. Therefore, as on 28.02.2019, grievance of the complainant was not pending consideration. Consequently, question of demanding bribe of a sum of Rs.6,000/- is immaterial.
3. On the other hand, it is to be noted that on 28.02.2019 office of the first respondent has recorded the complainant’s version as well as demand stated to have been made by the petitioner. In other words, recording of conversation relating to demand is available with the first respondent. Prima-facie, when there is a demand on behalf of the petitioner from the complainant as is evident from the recorded version of 28.02.2019 by the office of the first respondent, merely grievance of the complainant was not pending as on 28.02.2019, is not a ground for quashing the FIR. The offences are triable. Accordingly, petitoner has not made out a case.
Petition stands dismissed.
Sd/- JUDGE cm/-