IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.5540/2019 BETWEEN:
SRI. N.V. GOVINDARAJALU @ GOVINDARAJU S/O. LATE N. VENKATACHALAPATHY AGED ABOUT 46 YEARS WORKING AS SENIOR LABOUR INSPECTOR CIRCLE-41, KARMIKA BHAVAN, NEAR DAIRY CIRCLE, BANNERGHATTA ROAD, BANGALORE – 560 029 R/AT NO.8, S-1, 3RD FLOOR, 1ST MAIN, 1ST STAGE, KARNATAKA LAYOUT KURUBARAHALLI BANGALORE – 560 086 ... PETITIONER [BY SRI. P.S. RAJAGOPAL, SR. COUNSEL FOR SRI. V.R. SARATHY, ADV.] AND:
THE STATE OF KARNATAKA ANTI-CORRUPTION BUREAU BY POLICE INSPECTOR BANGALORE CITY STATION BANGALORE REP. BY ITS SPECIAL PUBLIC PROSECUTOR KANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560 001 … RESPONDENT [BY SRI. B.N. JAGADEESH, SPL. PP] THIS PETITION IS FILED UNDER SECTION 439 OF CR.PC, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.21/2019 OF ANTI-CORRUPTION BUREAU, BANGALORE FOR THE OFFENCE P/U/S. 7, 8 OF P.C. ACT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned Senior Counsel appearing for the petitioner and Sri. B.N. Jagadeesh, learned Special Public Prosecutor for the respondent state. Perused the records.
2. It appears that on the complaint lodged by one D.C. Papanna who is founder of Karnataka Rajya Karmikara Hitha Rakshana Trust, stating that the accused persons by name, Shivananda, Govindaraj, Venkatesh and Chauhan, have been looting crores of rupees in respect of transfers of the employees of the labour department. In this context, it is alleged that on credible information, the Police have intercepted the car of the petitioner and they found an amount of Rs.13,09,500/-. It is stated by the petitioner during the course of panchanama, that he does not know anything about the said amount, somebody might have kept that amount in the car as his car door and windows were not working properly. Therefore, he gave an explanation immediately at the time of mahazar. Apart from that, during the course of investigation, one Kiran Kumar has claimed the said amount belonged to him.
3. Learned Special Public Prosecutor strenuously submitted that investigation is still in progress. If the petitioner is released on bail, there is every chance of petitioner tampering the prosecution witnesses and abscond from the clutches of law. Further, it is submitted that apart from recovery of money, there are other materials that are collected by the Police which is running against the petitioner. That clearly goes to show that the Investigation is at the fag end of the investigation and whatever materials that have to be collected, had already been collected from the petitioner.
4. Learned Senior Counsel appearing for the petitioner also brought to the notice of the Court that other accused have already been released on bail by the trial Court itself. Further, added to the above, this petitioner was also arrested on 12.07.2019 and since then he has been in judicial custody. Sending of the accused to judicial custody itself presupposes that he is not required for further investigation by the Police. Even otherwise, if he is required for further investigation, petitioner would undertake that he would assist the Police for further investigation and filing of the final report. Therefore, under the above said facts and circumstances, particularly, when the offence alleged under the Prevention of Corruption Act, 1988, are not punishable either with death or imprisonment for life and that maximum to the extent punishable is for seven years. Therefore, considering the nature of allegations, I am of the opinion that the petitioner is entitled to be enlarged on bail under section 439 of Cr.PC. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.21/2019 of Anti Corruption Bureau, Bengaluru City Police Station registered against him for the offence punishable under Sections 7 and 8 of Prevention of Corruption Act, 1988, 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 two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in hampering investigation or tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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 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.
AN/-
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JUDGE