30 April 2024 Corruption >> Criminal Law   |   Investigation >> Criminal Law   |   Property/Real Estate Law >> Property & Real Estate  

A Panchayath Development Officer (PDO) in Chitradurga, Karnataka, has been accused of demanding a bribe to expedite the transfer of a land record. The officer is facing charges under the Prevention of Corruption Act (PCA) after a Lokayuktha police trap caught him red-handed receiving the bribe money.

The complainant, a private surveyor who recently purchased land, approached the PDO's office to transfer the E-khata (electronic land record) to his name. According to the complaint, the PDO demanded a bribe of Rs. 10,000 to process the transfer quickly.

Unwilling to pay the bribe, the complainant approached the Lokayuktha police, Karnataka's anti-corruption agency. The police then set up a trap, where the complainant, equipped with a recording device, met the PDO again. During this conversation, allegedly captured on recording, the PDO reiterated his demand for Rs. 10,000.

Following the recorded conversation, the Lokayuktha police prepared a pre-trap mahazar (witness document) and handed over the bribe amount (marked notes) to the complainant. The complainant then met the PDO once more and handed him the money. The Lokayuktha police team apprehended the PDO immediately after he received the bribe amount, which was recovered from his pocket.

The PDO has challenged the FIR (First Information Report) filed against him, claiming the money demanded was for applicable fees and not a bribe. He has also argued that the conversation with the complainant was misinterpreted. However, the court found merit in the prosecution's case due to the following reasons:

• The recorded conversation between the PDO and the complainant clearly indicates a demand for a bribe amount.
• The Lokayuktha police successfully trapped the PDO red-handed while receiving the bribe money.
• The bribe amount was recovered from the PDO's possession.
• The PDO's work directly related to the service sought by the complainant.

Citing Supreme Court judgements that discourage intervention in ongoing police investigations, the court dismissed the PDO's petition to quash the FIR. The Lokayuktha police will continue their investigation into the bribery charges.

  Prevention of Corruption Act, 1988    Code of Criminal Procedure, 1973