State By Karnataka Lokayukta Police ... vs M. R. Hiremath

3 The respondent was at the material time serving as Deputy Commissioner in the Land Acquisition Section of Bangalore Development Authority2. BDA had acquired certain lands for the formation of a layout on the outskirts of Bengaluru. The complainant moved the court for 1 ‘CrPC’ 2 ‘BDA’ 2 denotification of the lands following which, a direction had been issued. Accordingly, the complainant made an application to BDA for denotification of the lands.

4 The case of the prosecution is that on 6 November 2012, the complainant attempted to meet the respondent (accused no.1) by whom the file was to be placed before the Denotification Committee. It is alleged that though the complainant was not allowed to meet the respondent, he met his driver through whom he got to know that such cases were being ‘mediated’ by the second accused, an advocate purporting to act as the agent of the respondent. A complaint was lodged with the Lokayukta Police on 8 November 2012 apprehending that a bribe would be asked for by the second accused. The police handed over a spy camera together with the instructions to be followed. It is alleged that a meeting of the second accused was arranged with a representative of the complainant. On 12 and 13 November 2012, a meeting took place with the second accused who is stated to have informed the representatives of the complainant of the amount which will be charged for the settlement of the deal. The prosecution alleges that on 15 November 2012 the complainant met the respondent at about 7.30 pm near the BDA office. The conversation between the complainant and the respondent was recorded on the spy camera in the course of which, it has been alleged, there was some discussion in regard to the amount to be exchanged for the completion of the work.

5 On 16 November 2012, a complaint was lodged before the Lokayukta and a first information report was registered. Subsequently, it is 3 alleged that a trap was set up and the second accused was apprehended while receiving an amount of Rupees five lakhs on behalf of the respondent towards an initial payment of the alleged bribe. A charge sheet was filed after investigation.

8 The first respondent then filed a discharge application under section 239 of the CrPC before the Special Judge, Bengaluru. The trial judge dismissed the application by an order dated 5 December, 2016. This order was questioned in revision before the High Court. The revision was rejected on the ground of maintainability. The respondent instituted a petition under Section 482 of the CrPC which has resulted in the impugned order of the learned Single Judge dated 27 April 2017.

9 The learned Single Judge has quashed the proceedings against the respondent on the ground that (i) in the absence of a certificate under Section 65B of the Evidence Act, secondary evidence of the electronic 3 Criminal Petition No 7562/2012, Writ Petition No 11252/2013 and Writ Petition No 20394/2013 4 record based on the spy camera is inadmissible in evidence; (ii) the prosecution is precluded from supplying any certification “at this point of time” since that would be an afterthought; and (iii) the case of the prosecution that apart from the electronic evidence, other evidence is available, is on its face unconvincing. The learned judge then held that the second accused who was the subject of the trap proceedings was not shown to have named the respondent as being instrumental in the episode. On this finding the proceedings have been quashed.

(a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly or (with or without human intervention) by means of any appropriate equipment;

24 For the above reasons we are of the view that the appeal would have to be allowed. We accordingly allow the appeal and set aside the judgment and order of the High Court dated 24 April 2017 in Criminal Writ Petition No 3202 of 2017. We accordingly maintain the order passed by the learned trial judge on 5 December 2016 dismissing the discharge application filed by the respondent.

..……………………..…..................J [Dr Dhananjaya Y Chandrachud] ..……………….………….................J [Hemant Gupta] New Delhi;

01 MAY 2019 10 (2014) 11 SCC 709