Andhra Pradesh High Court - Amravati
Gadapala Ravi vs The State Of Andhra Pradesh, on 12 September, 2023
Author: K.Suresh Reddy
Bench: K. Suresh Reddy
THE HON'BLE SRI JUSTICE K. SURESH REDDY
CRIMINAL PETITION No. 6453 OF 2023
ORDER:
This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A.O.1 seeking regular bail in Crime No.05/RCT-KDP/2023 of 2023 of ACB Range, Tirupathi, FAC Kadapa Range, Annamayya District.
2. The above Crime was registered against the petitioner herein and others for the offence punishable under Sections 7 and 12 of Prevention of Corruption (Amendment) Act, 2018.
3. Case of the prosecution is that on 12.07.2023, the de-facto complainant approached A.O.2, who was working as a Revenue Inspector, T. Sundupalli Mandal, Annamayya District and presented a representation for mutation of his agricultural lands, which was endorsed by the petitioner/A.O.1, who is working as a Tahsildar to A.O.2 on the same day for causing an enquiry and report. After one week, A.O.2 called the de-facto complainant and stated that he prepared his file on instructions of the 2 petitioner/A.O.1 and for that he asked the de-facto complainant to pay bribe amount of Rs.50,000/- for processing the file to RDO. On 03.08.2023, the de-facto complainant approached the petitioner/A.O.1 and requested him to reduce the bribe amount. On the said request, the petitioner/A.O.1 said to have reduced the bribe amount from Rs.50,000/- to Rs.40,000/-. As the de-facto complainant is not willing to pay the bribe amount, he approached the ACB official on 04.08.2023 and gave a report against A.O.1 and A.O.2. Basing on his report, on 05.08.2023 a trap was laid against A.O.1 and A.O.2 through the de-facto complainant. Accordingly, on 05.08.2023, a trap was laid, which became successful. The tainted currency was recovered from the possession of A.O.2. Thereafter, after conducting post-trap panchanama, both A.O.1 and A.O.2 were arrested and they were remanded to judicial custody.
4. The learned counsel for the petitioner contends that the entire investigation has been completed except obtaining sanction from the Government. He further contended that the petitioner was remanded to judicial on 3 05.08.2023 and ever since he is in judicial custody. As such, he requested this Court to enlarge the petitioner/A.O.1 on bail.
5. On the other hand, the learned Special Public Prosecutor-Cum-Standing Counsel for ACB, on instructions, states that investigation is in progress.
6. Be that as it may, as the trap was successful and most part of the investigation has been completed and moreover as the petitioner is in judicial custody since 05.08.2023, this is inclined to enlarge the petitioner/A.O.1 on bail, on the following conditions.
(i) The petitioner/A.O.1 herein shall be released on bail on his executing a personal bond for Rs.25,000/-
(Rupees twenty five thousand only) with two (02) sureties for a like sum each to the satisfaction of the learned Special Judge for Trial of SPE & ACB Cases at Kurnool.
(ii) On release, the petitioner shall appear before the Investigating Officer concerned, once in a week i.e., on every Monday between 10.00 a.m., and 01.00 p.m., until further orders.
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(iii) Further, the petitioner is directed not to hamper the investigation and tamper with the prosecution witnesses.
7. Accordingly, the Criminal Petition is allowed.
___________________________ SRI K.SURESH REDDY, J Date: 12.09.2023 RSI/TSNR 5 THE HON'BLE SRI JUSTICE K. SURESH REDDY CRIMINAL PETITION No. 6453 of 2023 Date: 12.09.2023.
RSI/TSNR