IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7029/2019 BETWEEN SRI. SRIDHARACHARI H. S S/O. LATE SURYANARAYANACHARI AGED 40 YEARS OCCUPATION: IN-CHARGE SUPERVISOR ADLR OFFICE, CHINTAMANI R/O. BAYAREDDY LAYOUT OPP. TO CHEMMANUR JEWELERS M G ROAD, CHINTAMANI PERMANENT R/O. ALAKAPURA VILLAGE THONDEBAVI HOBLI, GAURIBIDANUR TALUK, CHIKKABALLAPURA DIST ... PETITIONER (BY SRI. M. JAI PRAKASH REDDY, ADVOCATE) AND STATE OF KARNATAKA BY ANTI CORRUPTION BUREAU POLICE STATION CHIKKABALLAPUR DISTRICT – 562 101 REP. BY SPECIAL PUBLIC PROSECUTOR ACB, HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. B. N. JAGADEESH, SPL.P.P.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.9/2019 OF ANTI CORRUPTION BUREAU POLICE STATION, CHIKKABALLAPURA FOR THE OFFENCE P/U/Ss. 7, 13(1) (d) R/W 13(2) OF PREVENTION OF CORRUPTION ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner/accused and the learned Spl.P.P. for the Respondent - State. Perused the records.
2. The offence alleged against the petitioner (A1) is under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 in Crime No.9/2019 of respondent- ACB Police Station, Chikkaballapur. It is alleged that, the petitioner/accused has demanded Rs.2,800/- per acre for the purpose of preparing Akar Band and Tippani pertaining to the land bearing Sy. No.184/4 measuring 4 acres 18 guntas of Ambajidurga of Chintamani Taluk. In this context, a trap was laid and a sum of Rs.10,000/- was recovered at the instance of the accused as bribe money alleged to have been paid by the complainant on the demand said to have been made by this petitioner (A1) and Accused No.2.
3. The records reveal that the petitioner (A1) accused is working as incharge Supervisor in ADLR at Chikkaballapur. Hence, there are no chances of he absconding from the clutches of law. The alleged offences are not punishable either with the sentence of death or imprisonment for life. It appears the petitioner (A1) is arrested and he has been in judicial custody since the date of his arrest in the said case. It is submitted that the investigation is at the fag-end. Therefore, the petitioner (A1) may not be required for further investigation in the matter.
4. In the above said facts and circumstances of the case, I am of the opinion that the petitioner is entitled to be enlarged on bail on certain conditions.
Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A1)-H.S. Sridharachari shall be released on bail in connection with Crime No.09/2019 of ACB Police Station, Chikkaballapura, registered against him for the aforesaid offences now pending on the file of the Principal District and Sessions Judge, Chikkaballapura, subject to the following conditions:
(i) The petitioner shall execute his 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 tamper 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, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE