IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO. 8297 OF 2019 BETWEEN:
Sri H.G. Chikka Narayana Gowda, S/o. Gundappa, Aged about 57 years, R/at # 245, 10th Main Road, Kuvempu Layout, Dasarahalli, Bangarpet, Kolar District-563 115 (BY SRI RAJESH GOWDA, ADVOCATE) AND:
State of Karnataka, Represented by Anti Corruption Bureau, Kolar Circle, Kolar-563 101 Rep. by Public Prosecutor, High Court Building Complex, Bangalore-560 001 (BY SRI B.N. JAGADEESH, HCGP) …PETITIONER …RESPONDENT ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO. 10/2019 OF ANTI CORRUPTION BUREAU, P.S., FOR THE OFFENCE P/U/S 7(a) OF PREVENTION OF CORRUPTION ACT.
THIS 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 HCGP for the respondent-State. Perused the records.
2. A person by name Nagendra Kumar C. @ Bujji has lodged a complaint before the ACB Police making allegations of demand of bribe by accused/petitioner. Therefore, the police have registered a case in Crime No.10/2019 for the offence under Section 7(a) of Prevention of Corruption Act.
3. It appears, the respondent/police have laid a trap, but it was not successful as it was noted that the accused has not demanded or accepted any money. Therefore, the prayer of demand and acceptance alleged to have been taken place on 13.05.2019 has to be proved during the course of investigation and trial. As there is no demand and acceptance of money, in my opinion, the petitioner is entitled to be enlarged on bail as prayed for. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.10/2019 of ACB Police, for the alleged offences, pending on the file of Principal District and Sessions Judge, Kolar, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every 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 Sbs*