JUDGMENT N.K. Sudhindrarao, J. - This matter is taken up through Video Conference today. 2. Sri. Rajesh Rai.K., learned counsel for petitioner and Sri.P.N.Manmohan, learned Spl.PP for ACB/respondent are present. 3. This petition is filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail in Crime No.5/2020 registered by Anti Corruption Bureau Police Station for the offence punishable under Section 7(A) of Prevention of Corruption Act, 1988. 4. It is stated that the complainant is working as a driver under one Sunil Mehta. The Villa bearing No.54 at Prestige Gold Shire, Karahalli Post, Devanahalli Taluk, Bengaluru Rural District stood in the name of said Sunil Mehta. The driver/complainant was entrusted to look into the affairs of said Villa which also included change of Khata from the name of vendor into the name of Sunil Mehta. In this connection, when the complainant approached the accused, who is stated to be Secretary of Karahalli Grama Panchayat, Devanahalli Taluk demanded a bribe of Rs.50,000/- for the job of getting the Khata of the schedule property transferred into the name of Sunil Mehta. It is also stated that apart from the payment of bribe of Rs.50,000/-, the complainant was also asked to pay fee Rs.67,034/- by way of tax. The complainant further states that after bargaining, the total demand amount of Rs.50,000/- was reduced to Rs.30,000/-. On 05.05.2020, the complainant met the accused and has received the receipt for having paid Demand Draft for a sum of Rs.67,034/-. At that time, the accused demanded bribe of Rs.10,000/- from the complainant as advance and the said amount has been transferred to the accused through online payment. Further, on 08.05.2020, the complainant telephone the accused under instructions of the owner of the house and enquired about Khata. For which, the accused demanded further bribe of Rs.20,000/-. When the complainant brought this matter to the notice his owner-Sunil Mehta and as Sunil Mehta was not interested in giving bribe, he decided to lodge a complaint. With these, a case came to be registered in Cr.No.5/2020 by the respondent-Police for the offence punishable under Section 7(A) of the Prevention of Corruption Act, 1988. 5. On 14.05.2020, the formalities of Pre-trap mahazar were conducted in the office of the respondent- Police., i.e, formalities regarding production of currency notes, counting, noting the serial numbers and instructions were given to the complainant and witnesses. 5. On 14.05.2020, the formalities of Pre-trap mahazar were conducted in the office of the respondent- Police., i.e, formalities regarding production of currency notes, counting, noting the serial numbers and instructions were given to the complainant and witnesses. The other formalities were also conducted in the office of ACB. The recorded statement was reduced to writing and it is also part of the record. It is stated that the trapping team went to the place of the accused i.e, Panchayath office and accordingly, complainant and shadow witnesses were given proper instruction to pay amount only in case of demand. 6. The complainant speaks regarding going to the place of the accused and accused demanded the currency and that complainant paid the amount of Rs.20,000/- and thereafter, upon signal, trap team came and conducted the mahazar. The trap team also disclose the serial numbers of 40 currency notes of Rs.500/-. The accused was apprehended when he demanded and received the bribe of Rs.20,000/- Thus, it is a case of demand and receipt of bribe of Rs.30,000/-. The accused person was remanded to judicial custody on 15.05.2020 and he is in judicial custody since then. 7. Learned counsel for the petitioner would submit that there are no grounds to hold the accused in custody. He is innocent of the offence and it is an arrangement made by the complainant with his owner to victimize the accused with a compliant. It is also submitted that the accused has been in judicial custody for a period of one month. On the other hand, the complainant has intentionally filed a false complaint. Learned counsel further submits that the petitioner does not have criminal background and he abide to appear before the Court on all the hearing dates. 8. Sri.P.N.Manmohan, learned Spl. PP would submit that the petitioner/accused, who is a public servant was caught red-hand and even first amount of Rs.10,000/- was transferred through online and if the petitioner was really honest, he would not have accepted the amount of Rs.10,000/- or once he came to know about the deposit, he should have retuned it. The official act what is claimed to be pending with the accused is change of khata of Villa bearing No.54 at Prestige Gold Shire, Karahalli Post, Devanahalli Taluk, Bengaluru Rural District. The official act what is claimed to be pending with the accused is change of khata of Villa bearing No.54 at Prestige Gold Shire, Karahalli Post, Devanahalli Taluk, Bengaluru Rural District. The accused demanded the amount for carrying out the official duty for which he has paid from the Government in the form of salary. Learned Spl. PP would submit that there are grounds available to hold the accused guilt and he is not entitle for bail. 9. In the over all context and circumstances of the case, the pre-trap mahazar was conducted on 14.05.2020 and the trap mahazar was conducted on 15.05.2020. The complaint was lodged on 14.05.2020 and the accused was arrested on 15.05.2020. Since then he is in judicial custody. There are no allegation of interference to the investigation against the accused nor circumstances rendering disqualification for getting the relief of bail. Right from the day of trap mahazar, the accused is in judicial custody. The allegation is that the accused demanded bribe of Rs.50,000/- and later on, after bargaining accepted Rs.10,000/- as advance and Rs.20,000/- during the trap mahazar. Thus, the amount of Rs.50,000/- was brought down to Rs.30,000/-. 10. Hence, it is necessary to mention Section 7A of the Prevention of Corruption Act, 1988, which reads as under: "7A. Taking undue advantage to influence public servant by corrupt or illegal means or by exercise of personal influence. Whoever accepts or obtains or attempts to obtain from another person for himself or for any other person any undue advantage as a motive or reward to induce a public servant, by corrupt or illegal means or by exercise of his personnel influence to perform or to cause performance of a public duty improperly or dishonestly or to forbear or to cause to forbear such public duty by such public servant or by another public servant, shall be punishable with imprisonment for a team which shall be not be less than three years but which may extend to seven years and shall also be liable to fine. 11. Considering the duration of the accused in judicial custody from 15.05.2020, I find there are no interference or threatening passed on by the accused on the complainant. Learned trial Judge has dismissed the bail petition filed by the accused in Crime No.05/2020 on 22.05.2020. 11. Considering the duration of the accused in judicial custody from 15.05.2020, I find there are no interference or threatening passed on by the accused on the complainant. Learned trial Judge has dismissed the bail petition filed by the accused in Crime No.05/2020 on 22.05.2020. In the circumstances, if the petitioner is enlarged on bail, no prejudice would be caused to the prosecution. However, the apprehension of the prosecution could be set at rest by imposing proper conditions. 12. Hence, the criminal petition is allowed. The petitioner-accused is enlarged on bail in Cr.No.5/2020 registered by Anti Corruption Bureau Police Station, Bengaluru City, subject to the following conditions; i) The petitioner-accused shall execute a personal bond for Rs.1,00,000/- with a surety of a person possessing immovable properties for the likesum. ii) The petitioner-accused shall not terrorize the witnesses or tamper with the prosecution witnesses in any manner. iii) The petitioner-accused shall mark his attendance before the Investigating Officer of the above case on every second and fourth Monday between 10.00 p.m. and 11 p.m. till conclusion of the investigation. iv) Petitioner shall place himself in quarantine for a period of 14 days at home before which he shall get himself medically checked.