IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.171 OF 2019 BETWEEN:
Smt.T.C.Renukamba, W/o.Nagaraja, Aged about 50 years, R/at Sukhi Nivasa, 8th Cross, Jayanagar, Kolar District-563 101, Also at Outsource Computer Operator, Nada Kachari, Huthur Hobli, Kolar Taluk.
(By Sri.M.R.Nanjunda Gowda, Advocate) AND:
The State of Karnataka, By Anti Corruption Bureau, Kolar, Represented by Public Prosecutor, Anti Corruption Bureau, High Court Buildings, Bengaluru – 560 001.
(By Sri.B.N.Jagadeesha, Spl. P.P) …Petitioner …Respondent This petition is filed under Section 439 Cr.P.C., by the Advocate for the petitioner praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in Cr.No.23/2018 of Anti Corruption Bureau, Kolar, for the offence punishable under Section 7 of Prevention of Corruption Act and etc.
This petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner- accused under Section 439 of Cr.P.C., to release her on bail in Cr.No.23/2018 (Anti Corruption Bureau, Kolar) for the offence punishable under Section 7 of Prevention of Corruption Act, 1988 (hereinafter referred as ‘Act’).
2. Learned counsel for petitioner is absent. I have heard the learned State Public Prosecutor for respondent- State.
3. The gist of the complaint is that complainant gave an application on 20.12.2018 to Nada Kacheri, Huthur Hobli, for change of khatha. When somebody advised her to go and meet the computer operator to get the khatha changed, accordingly, she approached the petitioner-accused and she was told to pay a sum of Rs.1,300/- to change the khatha and also pay additional amount for the same. The said conversation was recorded in mobile and she filed the complaint on 21.12.2018. Petitioner-accused was trapped while receiving the tainted currency. On the basis of said complaint, petitioner-accused was arrested and she is now in custody.
4. It is contended in the petition that there is no demand or acceptance of money and as such, provisions of Section 7 of the Act does not attract. The alleged offence is not punishable with death or imprisonment for life. Custodial interrogation of petitioner is not required. Petitioner is a women. It is further submitted that she is working as an outsource Computer Operator on contract basis and she will not tamper with the prosecution evidence and she will be available for trial. On these grounds, learned counsel for the petitioner-accused prayed to allow the petition.
5. Per contra, learned State Public Prosecutor fairly submitted that the alleged offence is not punishable with death or imprisonment for life. Petitioner-accused being an outsource Computer Operator in Nada Kacheri by imposing some stringent conditions, may be released on bail. As there was a demand for money, the provisions of Section 7 of the Act are attracted and therefore the petitioner-accused is required to face the trial.
6. I have carefully and cautiously gone through the contents of the complaint and other materials which have been produced in this behalf and the submissions made by learned SPP.
7. On close reading of the records it appears that there is a demand made by petitioner - accused for a sum of Rs.1,300/- and subsequently, the trap has been laid and petitioner-accused has been apprehended. Whether petitioner-accused has committed the alleged offence is a matter of trial. The alleged offence is not punishable with death or imprisonment for life. It is admitted fact that petitioner is an outsource Computer Operator in Nada Kacheri and she cannot flee away from trial and her presence can be secured by imposing some stringent conditions.
8. Taking note of the facts and circumstances of the case, petition is allowed and petitioner-accused is ordered to be released on bail in Crime No.23/2018 (Anti Corruption Bureau, Kolar) for the offence punishable under Section 7 of Prevention of corruption Act, 1988, subject to the following conditions:
1. Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakh Only) with two sureties each for the likesum to the satisfaction of the trial Court.
2. She shall not tamper with the prosecution evidence either directly or indirectly.
3. She shall not leave the jurisdiction of the Court without prior permission 4. She shall mark her attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the Anti corruption Bureau, Kolar till charge sheet filed.
5. She shall regularly attend the trial.
Sd/- JUDGE SN