IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRIMINAL PETITION NO.7664/2019 Between Sri.C.T.Jagruth S/o Late C.M. Thammaiah, Aged about 23 years, SDA Virajpet Taluk Office, Resident of Hosuru Village and Post, Ammathi Nad, Virajpet Taluk, Kodagu District – 570 121.
(By Smt.Leela P.Devadiga, Advocate) And The State of Karnataka, By Anti Corruption Bureau, Kodagu District – 570121, Khanija Bhavan, Rep. by its Special P.P, Bengaluru – 560 001.
(By Sri.Honnappa, HCGP) ... Petitioner ... Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.2/2019 of Kodagu Lokayukta, Kodagu for the offence punishable under Section 7(A) of P.C.Act 1988 (Amendment Act 2018) and etc.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard learned counsel for the petitioner and learned HCGP for the respondent – State. Perused the records.
2. The petitioner is arraigned as accused No.2 in Crime No.2/2019 of Anti Corruption Bureau – Police Station, Madikeri, Kodagu District for the offence punishable under Section 7(A) of Prevention of Corruption Act 1988 (Amendment Act 2018).
3. The brief facts of the case are that;
The complainant by name M.N.Narendra lodged a complaint stating that his wife C.P.Mamata was given with Sy. No.1/5 measuring 1 ½ acres garden land by her father situated at Toochamakeri Village. The complainant and his wife wanted to convert the said land into sites. Therefore, they approached the petitioner and accused No.1. In that context, it is alleged that they demanded the amount of Rs.15,000/-. This petitioner also demanded a sum of Rs.1,000/- to mediate between accused No.1 and the complainant. On the above said allegations, accused No.1 has already been released on bail vide orders passed in Criminal Petition No.7620/2019 dated 14.11.2019. The petitioner stands on the same footing. Therefore, he is also entitled for the bail on the ground of parity. Hence, the following;
ORDER The Criminal Petition is allowed.
The petitioner (accused No.2) shall be enlarged on bail in connection with Crime No.2/2019 of Anti Corruption Bureau – Police Station, Madikeri, Kodagu District on the file of II Additional District and Sessions Judge, Kodagu-Madikeri sitting at Virajpet for the alleged offence subject to the following conditions:-
i) The petitioner (accused No.2) shall execute a personal bond for a sum of Rs.50,000/-(Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner (accused No.2) shall not indulge in tampering the prosecution witnesses.
iii) The petitioner (accused No.2) shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv) The petitioner (accused No.2) 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 (accused No.2) shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE NBM