IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7620/2019 BETWEEN:
PURANDAR S/O LATE KRISHNA NAIK AGED ABOUT 43 YEARS RESIDING AT KRISHNALI KRUPA NEAR MUNICIPAL LAYOUT 9TH MAIN ROAD, 8TH CROSS S.S.PURAM, TUMKUR-572 102.
...PETITIONER (BY SRI: C.H. JADHAV, SENIOR COUNSEL FOR SMT. RASHMI JADHAV, ADV.,) AND STATE OF KARNATAKA BY ACB POLICE STATION KODAGU DISTRICT REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001.
..RESPONDENT (BY SRI: B.N. JAGADEESH, ADV.,) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.02/2019 OF BENGALURU ANTI- CORRUPTION BUREAU POLICE STATION, KODAGU-
MADIKERI, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 7(a) OF THE PREVENTION OF CORRUPTION ACT, 1988.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for both sides and Perused the records .
2. The petitioner is arraigned as accused No.1 in Crime No. 02/2019 on the file of respondent-Police. The offence alleged against the petitioner is under Section 7(a) of Prevention of Corruption Act, 1988 (Amendment Act, 2018).
3. The allegations are that the petitioner while working as a Tahasildar in Chamarajanagar and Virajpet taluks, for showing some official favour, he has demanded and accepted a sum of Rs.2,000/- (Rupees Two thousand only) from the complainant as bribe as on the date of the successive trap by the respondent- police.
4. The offence under Section 7(a) of Prevention of Corruption Act, 1988 (Amendment Act, 2018) is not binding on the petitioner. The offence committed by the petitioner does not punishable with death or imprisonment for life. The petitioner was arrested, produced and remanded to judicial custody which indicates that the petitioner is not required for further investigation or interrogation. The whole process of the investigation appears to have been completed and only charge sheet has to be filed.
5. The petitioner is in judicial custody for more than one month.
6. Under the above said facts and circumstances of the case, I am of the opinion that the petitioner is to be enlarged on bail. Hence, I proceed to pass the following:
ORDER Criminal Petition is allowed. The petitioner shall be enlarged on bail in crime No. 02/2019 on the file of ACB Police Station, Kodagu subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
(iv) The petitioner shall mark his attendance once in fifteen days i.e, on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE SSD