- 1 - NC: 2025:KHC-D:3457 WP No. 105105 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.105105 OF 2024 (GM-RES) BETWEEN: SRI. ARAVIND JIVAJI CHAVAN S/O. LATE JIVAJI CHAVAN, AGED ABOUT 57 YEARS, WORKING AS FIRST DIVISION ASSISTANT, OFFICE OF THE SUB-REGISTRAR, INDI, VIJAYAPURA, DISTRICT-586209. …PETITIONER (BY SRI. AVINASH M.ANGADI, ADVOCATE) AND: 1. THE STATE BY KARNATAKA LOKAYUKTHA POLICE, REPRESENTED BY ITS DEPUTY SUPERINTENDENT OF POLICE, BAGALKOT, DISTRICT. BAGALKOT-586101. 2. RAGHAVENDRA H. HALLUR, OCC. POLICE INSPECTOR, LOKAYUKTA, BEFORE ACB, BAGALKOT-586101. …RESPONDENTS (BY SRI. SANTOSH B.MALAGOUDAR, ADVOCATE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF Cr.P.C., PRAYING TO, CALL FOR RECORDS FROM THE RESPONDENT POLICE AND ISSUE WRIT OR ORDER QUASHING THE IMPUGNED COMPLAINT DATED 15/11/2018 (ANNEXURE-A), IMPUGNED FIRST INFORMATION REPORT REGISTERED BY THE ANTI CORRUPTION BUREAU, BAGALAKOT, NOW TRANSFERRED TO THE RESPONDENT POLICE IN CRIME NO.14/2018 (ANNEXURE B) AND Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.25 18:00:39 +0530 - 2 - NC: 2025:KHC-D:3457 WP No. 105105 of 2024 ALL FURTHER PROCEEDINGS PURSUANT THERETO, INSO FAR AS THE PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, who has been charge-sheeted for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988, has approached this Court seeking to quash the proceedings in Spl.C. No. 64/2023, pending before the Principal District and Sessions Judge, Bagalkot. 2. The prosecution alleges that a surprise raid was conducted at the office of the Sub-Registrar, Bilagi, during which a sum of ₹4,990/- was found in a cupboard in the chambers of the Sub-Registrar’s office. 3. Learned counsel for the petitioner contended that the petitioner had provided a satisfactory explanation for the amount found in the cupboard. In the absence of substantive evidence to establish that the said amount was received as illegal gratification, the continuation of the criminal proceedings would amount to an abuse of the process of law. 4. In response, learned counsel for the respondent- Lokayukta submitted that the petitioner, who was serving as the Incharge Sub-Registrar, had accepted the gratification amount from parties to the Deeds of Registration and subsequently kept the said - 3 - NC: 2025:KHC-D:3457 WP No. 105105 of 2024 amount in the cupboard. It was further submitted that the explanation offered by the petitioner was not satisfactory, thereby prima facie indicating the commission of the alleged offence. 5. The arguments advanced by the learned counsel for both parties have been duly considered. 6. To constitute an offence under Section 7(a) of the Prevention of Corruption Act, the following essential ingredients must be satisfied: i. The work of the complainant must be pending before the accused; ii. There must be a demand by the accused from the complainant to show official favor; iii. There must be acceptance of the gratification amount in pursuance of the demand. 7. In the present case, there is no substantive evidence to establish that the petitioner had made a demand for illegal gratification to perform any official act in favor of any individual concerning the registration of a deed. The petitioner has also provided an explanation stating that the amount found in the cupboard was collected for the Soldiers’ Welfare Fund. Furthermore, in the absence of any complaint from an aggrieved party alleging that the petitioner demanded and accepted illegal gratification, the prosecution’s case lacks the essential ingredients required to constitute an offence under Section 7(a) of the Act. - 4 - NC: 2025:KHC-D:3457 WP No. 105105 of 2024 8. Under these circumstances, the continuation of the criminal proceedings would amount to an abuse of the process of law. Hence, I pass the following: ORDER i) Accordingly, the writ petition is allowed. ii) The impugned criminal proceedings in Spl.C.No.64/2023 pending on the file of the Principal District and Sessions Judge, Bagalkot, is hereby quashed. Pending I.As., if any, do not survive for consideration and are disposed off accordingly. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 15