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2017 DIGILAW 328 (KAR)

Sunil Kumar S/o Siddappa Sagar v. State of Karnataka through The Police, Anti Corruption Bureau Bidar

2017-02-06

B.A.PATIL

body2017
ORDER : This petition is filed by petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C., seeking regular bail in Crime No.1/2017 of the Police, Anti Corruption Bureau, Bidar, for the offences punishable under Sections 7, 8 and 13 (1) (d) read with Section 13(2) of Prevention of Corruption Act, 1988. 2. Brief facts leading to filing of the complaint are that, petitioners were working as Village Accountant and Assistant Village Accountant respectively at Ujjalam village, Tq. Basavakalyan and they demanded bribe of Rs.6000/to the complainant for making the mutation papers in respect of land Sy.No.24, measuring 3 acres and 10 guntas, as the complainant has sold the said land to his vendor namely, Srikanth S/o Rajkumar Jadhav. In that light, the complaint was registered on 07.01.2017 and both the accused were trapped and after all the trap proceedings, they have been remanded to judicial custody. 3. I have heard the learned counsel for the petitioners and the learned Special Public Prosecutor appearing for the respondent – Anti Corruption Bureau. 4. The main grounds urged by the learned counsel for the petitioners are that the petitioners are innocent and they have not committed any offence alleged against them; petitioners are the law abiding citizens; the offences levelled against the petitioners are not punishable with death or imprisonment for life; petitioners are the Government Servants, therefore, there is no chance of they being absconded; petitioners are the only bread earners in their families. It is also contended that the trial may take some more time and the detention of the petitioners may cause hardship to them. It is further contended that the petitioners have got both movable and immovable properties, and if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petition. 5. On the contrary, learned Special Public Prosecutor appearing for the respondent – Anti Corruption Bureau has strongly objected the petition and contended that the investigation is still in progress. The petitioners are highly influenceable persons and at this juncture, if the petitioners are released on bail, they may tamper with the prosecution witnesses, they may meddle with the investigation and they may obstruct for the further investigation and even they may abscond and they may not be available for trial. The petitioners are highly influenceable persons and at this juncture, if the petitioners are released on bail, they may tamper with the prosecution witnesses, they may meddle with the investigation and they may obstruct for the further investigation and even they may abscond and they may not be available for trial. On these grounds, he prays for dismissal of the petition. 6. I have gone through the copy of the FIR, complaint and other material produced along with the petition. 7. As could be seen from the records, even though prima-facie it reveals that the petitioners have been trapped and have been apprehended by the respondent police, but that is a matter, which has to be adjudicated and decided by the Court at the time of trial. The alleged offences are not punishable with death or imprisonment for life. When the petitioners are said to be the Government Servants and have got both movable and immovable properties, under such circumstances, there is no chance of they being absconded. Admittedly, the trial may take some more time and if the petitioners are kept in custody, it will be affecting their rights and liberty. When the petitioners are ready to abide by the conditions to be imposed by this Court and ready to offer sureties, under such circumstances, I feel that if by imposing some stringent conditions and by taking adequate security, the petitioners are released on bail, it will safeguard the interest of the prosecution and it would meet the ends of justice. 8. For the above reasons, the petition is allowed and the petitioners/accused Nos.1 and 2 are ordered to be released on bail, subject to the following conditions: i. The petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court; ii. The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses directly or indirectly; iii. The petitioners shall make themselves available to the Investigating Officer as and when required and cooperate for the investigation; iv. The petitioners shall mark their attendance before the Investigating Officer once in fortnight till the charge sheet is filed; v. The petitioners shall appear before the trial Court on all the dates of hearing without fail.