IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8050 OF 2019 Between:
Mr. S. Keshava S/o Mr. Shivaraju Aged 33 years Working as case worker (SDA on contract basis) Office of the Special Land Acquisition Officer NF-275, Basavanapura Ramanagara Taluk and District 562 159 Resident of Kenchanadoddi village Kasaba Hobli, Channapatna Taluk Ramanagara District 562 159 (By Shri I.S. Pramod Chandra, Advocate) And:
The State of Karnataka By Anti-Corruption Bureau Ramanagara District Through the Special Public Prosecutor Khanija Bhavana Race Course Road Bangalore – 560 001 (By Shri B.N. Jagadeesha, Advocate) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Crime No.12 of 2019 registered with Anti-corruption Bureau, Ramanagara for the offence punishable under Section 7(a) of the Prevention of Corruption Act.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned special Counsel for the respondent – State. Perused the records.
2. The petitioner is arraigned as accused no.1 in Crime No.12/2019 for the offence punishable under Sections 7(a) of the Prevention of Corruption Act.
3. The brief facts of the case are that the complainant’s mother Gowramma and his maternal uncle Renukappa are the owners of land bearing Survey No.173/9, 10, 11 and 12 which were acquired for Bangalore-Mysore National Highway. Renukappa received an amount of Rs.95,00,000/- and the remaining amount of Rs.2,00,000/- required to be released. An amount of Rs.42,00,000/- had to be released in favour of Gowramma. It is alleged that the accused persons, who were working in the concerned Land Acquisition Office, have demanded one per cent of the award amount as bribe for the purpose of releasing the said amount. In this context, on the basis of the complaint a trap was laid and during the course of trap the amount was recovered from accused No.3. It is the case that on that particular day the accused No.1 was not actually there and he has directed accused No.2 to receive the said money. When the complainant went and approached accused No.2, he directed to handover the said amount to accused No.3. In that context, accused No.3 has received the amount; and from whom during the course of trap, the said amount was recovered. Though some telephonic conversation between the accused and the complainant have been recorded, the same has to be proved during the course of full-fledged trial. The offence under section 7(a) of the Act is not punishable either with death or imprisonment for life. There is no direct recovery of any amount at the instance of this petitioner. Under the above said circumstance, the whole conversation and contacts between the accused and the complainant have to be established during the course of trial. Petitioner has already been arrested and he has been in judicial custody and that indicates that he is no more required for further investigation. Under the above said circumstances, the petitioner is entitled to be enlarged on bail on conditions. Hence the following:
O R D E R Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.12 /2019 registered by Anti-Corruption Bureau, Ramanagara for the offence punishable under Section 7(a) of the Prevention of Corruption Act, subject to the following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) bond with two solvent sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in hampering the investigation or 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.
(v) 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 lnn