Lakshmikanth K.R vs State Of Karnataka

M.G.S. Kamal, J

This petition is by petitioner herein before this Court seeking anticipatory bail in Crime No.5/2025 registered before the Lokayukta Police, Tumkuru, for the offence alleged under Section 7(a) of Prevention of Corruption Act, 1988, pending on the file of the learned VII Additional District and Sessions Judge and Special Judge, Tumkuru.

A complaint dated 21.07.2025 has been registered by one Sri. Raveesh Y T, the president of Vyavasaya Mattu Taluk Meenugarara Sahakara Sangha, alleging demand of bribe amount by the Assistant Registrar of Co-operative Societies, Madhugiri and another one Sri.Raghavendra, F.D.A., of the Cooperative Society Department, Madhugiri. It appears during the investigation, the said accused persons have given statement recorded under Section 164 revealing certain facts which constrained the Investigating Officer to issue notice under Section 35(3) of BNSS, 2023 to the petitioner herein who is the Manager of DCC Bank, in which the said Society is maintaining its Bank account.

Apprehending imminent arrest at the hands of the Investigating Officer, the present petition.

The contents of the complaint indicate that there are no specific allegations of any nature against the present petitioner. However, it appears that on the basis of the voluntary statement recorded by the Investigating Officer, the name of the petitioner has been incorporated in the FIR as accused No.4.

Sri. B.B. Patil, learned counsel for the respondent/Lokayukta files objections and seriously opposing grant of anticipatory bail, refers to statement of accused No.3 recorded during the investigation wherein accused No.3 purportedly stated that a document was created in connivance with the petitioner herein to indicate pre-dated de-freezing of the account of the aforesaid society of which the complainant is the President. He submits that if the petitioner is granted bail, there is every likelihood of he creating false records causing impediment in the process of the investigation. That apart, since serious allegations of creation of documents are being made, petitioner is required for the custodial interrogation. Hence, he seeks for rejection of the petition.

Heard. Perused the records.

From the narration of facts above, it is clear that the complaint was initially filed against one Sannappa, ARCS, Madhugiri and Raghavendra, FDA of Co-operative Society Department, Madhugiri, alleging that the said persons, who had earlier frozen the account of the society, had sought for payment of bribe to de-freeze the same. The account of the society is stated to be maintained in DCC Bank of which the petitioner herein is the Manager. It is during the investigation one of the accused has purportedly stated that a pre-dated document was forwarded to make it appear, the account of the Society was de-freezed prior to registration of the complaint with the involvement of the petitioner herein.

Clearly the dispute revolves around date of freezing and de-freezing of the account of the Society which can be discerned from the documents maintained by the bank. At this juncture, this Court finds petitioner having made out a case for anticipatory bail. Accordingly, the following:

ORDER

i) Petition is allowed.

ii) The petitioner herein shall be released on bail in the event of his arrest in Crime No.5/2025 registered before the Lokayukta Police, Tumkuru, for the offence alleged under Section 7(a) of Prevention of Corruption Act, 1988, on the file of the VII Additional District and Sessions Judge and Special Judge, Tumkuru, subject to following conditions:

a) The accused-petitioner shall execute personal bond for a sum of Rs.2,00,000/- with two local sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The accused-petitioner shall appear before the Investigation Officer within 10 days from the date of receipt of certified copy of this order and extend full co-operation in the investigation of the matter.

c) The accused-petitioner shall apply and obtain regular bail before Trial Court with 10 days from the date of receipt of certified copy of this order.

d) The accused-petitioner shall not tamper with the prosecution witnesses.

e) The accused-petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.