IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.837 OF 2019 BETWEEN:
Mallikarjunaiah N S/O Late Nanjundaiah Aged abut 52 years R/at Shettyganahalli Village, Vakkaleri Hobli Kolar Taluk Kolar District-578161.
(By Sri Basavaraj B. Sappannavar, Adv.) AND:
State of Karnataka Anti Corruption Bureau Represented by Spl. Public Prosecutor High Court of Karnataka Bengaluru – 560001.
… Petitioner ...Respondent (By Sri Venkatesh P. Dalwai, Spl. Public Prosecutor) This Criminal Petition is filed under Section 439 of Cr.PC praying to enlarge the petitioner on bail in CR. No. 2/2019 of Anti Corruption Bureau, Kolar for the offence P/U/S.7 of Prevention of Corruption Act 1988.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the accused petitioner under Section 439 of Cr.PC praying to release him on bail in Crime No.2/2019 of Anti Corruption Bureau, Kolar for the offence punishable under Section 7 of the Prevention of Corruption Act, 1988.
2. I have heard learned counsel for petitioner and Sri Venkatesh P. Dalwai, learned counsel for respondent.
3. The case of the complainant is that there was a partition in the family of the complainant on 04.09.2007. In order to change the khatha, the complainant approached accused with application on 11.01.2019. At that time, accused was working as Secretary of Arabikothanuru Grama Panchayath and he received the application and made a visit to the spot and demanded an amount of Rs.4,000/- to 5,000/- for the purpose of effecting khatha. The complainant declined to pay the amount and approached the Kolar ACB with a complaint and case was registered and after following the procedure, a trap was laid and the accused was caught red-handed while taking the bribe of Rs.4,000 to 5,000 and the said amount was also seized. At that time also the accused was found with another sum of Rs.22,930/-, but he did not give any explanation to the said amount and he has been taken to custody and a case has been registered.
4. It is the submission of learned counsel for the accused petitioner that the petitioner is working as Secretary, he has no power to effect khatha. It is the PDO who is having the right to effect khatha. He further submitted that the accused petitioner is working as a government servant, there is no question of he fleeing away from justice. Further submitted that the alleged offence is not punishable with death or imprisonment for life and already the amount has been recovered and he is not required for the purpose of further investigation or interrogation. On these grounds, he prays to allow the petition.
5. Per contra learned Special PP has vehemently argued and submitted that apart from an amount of 4,000/-, the accused petitioner is also found with an excess amount of Rs.22,930/- and has not given any explanation for the same. He is in the habit of taking bribe and if he is released on bail, he again involve in similar type of activities after joining his service. He further submitted that there is every likelihood of he tampering with the prosecution evidence. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned counsel appearing for the parties and also perused the records.
7. As could be seen from the contents of the complaint and other material on record, it reveals that trap has been laid and while receiving the bribe amount, the accused was caught red-handed. Already panchanama is drawn and other formalities is also completed, only the investigation is left out and the seized material has to be sent to FSL for chemical examination and the report has to be obtained and thereafter, charge sheet has to be filed. However, the alleged offence is not punishable with death or imprisonment for life. When the petitioner is working as a Secretary in the said grama panchayath, I feel that there is no question of he absconding and not available for trial. If by imposing some stringent conditions, the accused petitioner is enlarged on bail, then, it is going to meet the ends of justice.
8. In the light of the discussions held above, the petition is allowed. The petitioner-accused is ordered to be released on bail in Crime No.2/2019 of Anti Corruption Bureau, Kolar for the offence punishable under Section 7 of Prevention of Corruption Act 1988 subject to following conditions;
1. The accused petitioner shall execute a person bond for a sum of Rs.2,00,000/- (Rupees Two Lakshs Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution witnesses directly or indirectly or in any manner.
3. He shall not indulge in similar type of activities till trial is concluded. If he is involved in such type of activity, the respondent-police is at liberty to file an application for cancellation of bail.
4. He shall not leave the jurisdiction without prior permission of the Court.
Sd/- JUDGE PN/-