Karnataka High Court
Smt. Shilpa vs State Of Karnataka on 30 August, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:35088
CRL.P No. 8446 of 2024
C/W CRL.P Nos. 8487 of 2024,
8488 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 8446 OF 2024
C/W
CRIMINAL PETITION NOs. 8487 OF 2024, 8488 OF 2024
IN CRL.P.NO.8446/2024:
BETWEEN:
MR. NAGARAJ V
S/O VENKATESHAPPA
AGED ABOUT 37 YEARS
SPECIAL TAHASILDAR
BANGAORE SOUTH TALUK
KANDAYA BHAVAN
R/O NO.59, NEAR ANJANAMURTHY
BUS STOP, NEW BEL ROAD
LOTTEGOLLAHALLI, BENGALURU.
...PETITIONER
(BY SRI SHOBHITH N SHETTY, ADV.)
Digitally AND:
signed by
NANDINI MS
Location: THE STATE OF KARNATAKA
High Court of THROUGH THE POLICE INSPECTOR-7
Karnataka
KARNATAKA LOKAYUKTA
BANGLAORE URBAN
REPRESENTED BY ITS SPECIAL
PUBLIC PROESECTUOR
M.S. BUILDING, BANGALORE - 01
...RESPONDENT
(BY SRI B. LETHIF, ADV.,)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO ALLOW THIS PETITION AND GRANT BAIL TO THE
PETITIONER / ACCUSED NO.4, IMPOSING ANY CONDITION IN
CR.NO.32/2024 OF THE RESPONDENT LOKAYUKTA POLICE STATION,
-2-
NC: 2024:KHC:35088
CRL.P No. 8446 of 2024
C/W CRL.P Nos. 8487 of 2024,
8488 of 2024
BANGLAORE URBAN FOR THE OFFENCE P/U/S 7(a) OF P.C. ACT,
1988, ON THE FILE OF THE XXIII ADDL. CITY CIVIL AND SESSIONS
JUDGE CUM SPECIAL JUDGE (P.C. ACT) BENGALURU (CCH-24) AT
BANGALORE.
IN CRL.P.NO.8487/2024:
BETWEEN:
SRI MANJUNATHA M
S/O LATE SRI MUNIYAPPA
AGED ABOUT 56 YEARS
PRESENTLY WORKING AS
ELECTION SHERASTHEDHAR
TALUK OFFICE, BANGALORE SOUTH
TALUK, BANGALORE URBAN
DISTRICT - 09, R/AT NO.31
9TH CROSS, 2ND MAIN
RAJIV GANDHI NAGARA
MOMMANAGALLI, HSR LAYOUT
7TH SECTOR, BANGALORE. ...PETITIONER
(BY SRI SHARATH S GOWDA, ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH THE POLICE INSPECTOR-7
KARNATAKA LOKAYUKTHA
BANGALORE URBAN-01
REPT BY ITS SPL.P.P.
LOKAYUKTHA OFFICE
M.S. BUILDING AMBEKAR VEEDI
BENGALURU - 560 001. ...RESPONDENT
(BY SRI K. PRASANNA SHETTY, ADV.)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS)
PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CR.NO.32/2024
REGISTERED BY LOKAYUKTHA POLICE, BENGALURU CITY DIVISION
FOR THE OFFENCE ALLEGED AGAINST THE PETITIONER U/S 7(a) OF
P.C. ACT, 2018, PENDING BEFORE THE HONBLE XXIII ADDL. CITY
CIVIL AND SESSIONS JUDGE CUM SPECIAL JUDGE, FOR
PREVENTION OF CORRUPTION ACT AT BENGALURU CITY.
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NC: 2024:KHC:35088
CRL.P No. 8446 of 2024
C/W CRL.P Nos. 8487 of 2024,
8488 of 2024
IN CRL.P.NO.8488/2024:
BETWEEN:
SMT. SHILPA
WIFE OF RENUKA
AGE - 36 YEARS
F.D.A OFFICE OF TAHSILDAR
BENGALURU SOUTH TALUKA
BENGALURU, R/O.109, 3RD CROSS
SARASWATIPURAM
BENGALURU - 560 096. ... PETITIONER
(BY SRI SANJIVA VASANTRAO BELAGALI, ADV.)
AND:
STATE OF KARNATAKA
BY THE POLICE INSPECTIOR -7
KARNATAKA LOKAYUKTA
BENGALURU (URBAN) REPRESENTED BY
SPECIAL PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001. ...RESPONDENT
(BY SRI K. PRASANNA SHETTY, ADV.)
THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNNS) BY
THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
HONOURABLE COURT MAY BE PLEASED TO ENLARGE HER ON BAIL
IN CR.NO.32/2024 OF KARNATAKA LOKAYUKTHA POLICE STATION,
BENGALURU URBAN FOR THE ALLEGED AGAINST THE PETITIONER
U/S 7(a) OF P.C. ACT, PENDING ON THE FILE OF THE XXIII ADDL.
CITY CIVIL AND SESSIONS JUDGE CUM SPL. JUDGE (P.C. ACT)
BENGALURU) BENGALURU (CCH NO.24).
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused Nos.1, 3 and 4 are before this Court in these three petitions filed under Section 439 of Cr.P.C. with a prayer -4- NC: 2024:KHC:35088 CRL.P No. 8446 of 2024 C/W CRL.P Nos. 8487 of 2024, 8488 of 2024 to enlarge them on regular bail in Crime No.32/2024 registered by Lokayuktha Police Station, Bengaluru City, for the offences punishable under Section 7(a) of the Prevention of Corruption Act, 1988.
2. Heard the learned counsel for the parties.
3. The de-facto complainant Sri. D. H. Guruprasad had approached the Lokayuktha Police on 30.07.2024 and submitted first information alleging that he had visited the office of accused No.4 in Kandaya Bhavan at Bengaluru, for the purpose of pakkapodi work in respect of property bearing R.S.No.47, situated at Sunkadakatte Village, Uttarahalli Hobli, Bengaluru South Taluk and had met accused No.1 - Manjunatha and also a lady Revenue Inspector, who had demanded a bribe amount of Rs.2,50,000/- from him on behalf of accused No.4 for the purpose of completing the work of pakkapodi. It is averred in the first information that first informant had recorded his conversation with accused Nos.1 to 3 in his pen camera and since he did not intend to pay the bribe amount, subsequently, he had approached the police and submitted his first information based on which FIR in Crime No.32/2024 was -5- NC: 2024:KHC:35088 CRL.P No. 8446 of 2024 C/W CRL.P Nos. 8487 of 2024, 8488 of 2024 registered against four persons. Subsequently, on 31.07.2024, a trap was laid and in the said trap, accused No.2 was caught red-handed while receiving the bribe amount on behalf of other accused persons. Thereafter, all the accused persons named in the FIR were arrested and produced before the jurisdictional Court. Bail application filed by arrested accused before the Trial Court in Crime No.32/2024 was rejected on 08.08.2024. Therefore, petitioners are before this Court.
4. Learned counsel for the petitioners having reiterated the ground urged in the petitions submits that petitioners are in custody from 31.07.2024. The maximum punishment for the alleged offence is imprisonment for a period of seven years. They do not have any criminal antecedents. They are ready and willing to cooperate with the police for the purpose of investigation. Accordingly, he prays to allow the petitions.
5. Per contra, learned counsels appearing for respondent Lokayuktha, who have filed statement of objections have opposed the petitions. They submit that huge amount of bribe has been recovered in this case. Investigation in the case is still under progress. The report from the FSL with regard to the -6- NC: 2024:KHC:35088 CRL.P No. 8446 of 2024 C/W CRL.P Nos. 8487 of 2024, 8488 of 2024 voice of the accused that was recorded by the first informant is yet to be received and accordingly, pray to dismiss the petitions.
6. According to the prosecution, demand for bribe of Rs.2,50,000/- was made by accused Nos.1 and 3 on behalf of accused No.4, who was the Special Tahsildar of Bengaluru South Taluk. The first informant allegedly had recorded his conversation with accused Nos.1 to 3 with regard to demand made by them for payment of bribe and thereafter, he had approached the Lokayutha police since he did not intend to pay the bribe amount demanded by accused Nos.1 to 3. In the trap that was subsequently held on 31.07.2024, the Lokayuktha Police had caught accused No.2 red-handed outside the office of accused No.4 while collecting bribe amount of Rs.2 lakhs from the defacto complainant. Thereafter, trap proceedings was completed by the police on the same day and the other accused persons were also arrested on the same day and they were remanded to judicial custody. It is stated that voice sample of accused have been collected and the same has been forwarded to the FSL for comparison. Major portion of the investigation in the trap case is completed on the day of trap itself. Petitioners -7- NC: 2024:KHC:35088 CRL.P No. 8446 of 2024 C/W CRL.P Nos. 8487 of 2024, 8488 of 2024 are government servants and therefore, there cannot be any apprehension that they are likely to flee away from justice. They are in custody from 31.07.2024. The maximum punishment for the alleged offence is imprisonment for a period seven years and undisputedly, petitioners do not have any criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by them for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-
7. The petitions are allowed. The petitioners are directed to be enlarged on bail in Crime No.32/2024 registered by Lokayuktha Police Station, Bengaluru City, for the offences punishable under Section 7(a) of the Prevention of Corruption Act, 1988, subject to the following conditions:
a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the -8- NC: 2024:KHC:35088 CRL.P No. 8446 of 2024 C/W CRL.P Nos. 8487 of 2024, 8488 of 2024 Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future;
e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.
SD/-
(S VISHWAJITH SHETTY) JUDGE DN