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Judgment
S Vishwajith Shetty, J
Accused No.2 in Crime No.3/2024 registered by the Karnataka Lokayukta Police, Mangalore, Dakshina Kannada district for offence punishable under Section 7(a) of the Prevention of Corruption Amendment Act, 2018 (for short ‘P.C.Act’) pending before the court of the III Additional District and Sessions Judge, Mangalore is before this Court under Section 439 of Cr.P.C., seeking for regular bail.
Heard the learned counsel for the petitioner and the learned counsel for the respondent.
Based on the first information received from one Sri Giridhar Shetty on 22.03.2024 FIR in Crime No.3/2024 was registered by the Lokayukta Police, Mangalore for offence under Section 7(a) of the P.C.Act and subsequently a trap was held and in the said trap the police successfully apprehended accused No.2 allegedly while receiving the bribe amount of `25.00 lakhs from the complainant. The seized bribe amount was subjected to panchanama and subsequently accused No.1 also was arrested and produced before the Trial Court. Accused Nos.1 and 2 were remanded to judicial custody. Bail application filed by the petitioner who is arrayed as accused No.2 in the case before the Trial Court in Crime No.3/2024 was rejected on 05.04.2024. Therefore, he is before this Court.
Learned counsel for the petitioner submits that the allegation against the petitioner/accused No.2 is that he had received the bribe amount of `25.00 lakhs from the complainant on behalf of accused No.1 who had made the demand. He submits that accused No.1 has been granted regular bail by this Court in Crl.P.No.3766/2024 disposed of on 25.04.2024 and accordingly he prays to allow the petition.
Per contra, learned counsel for the respondent has strenuously opposed the bail petition. He submits that huge amount of `25.00 lakhs has been seized in the present case and petitioner is the person who has received the bribe amount from the complainant. Accordingly, he prays to dismiss the petition.
Material on record would go to show that on receipt of first information from the de-facto complainant – Giridhar Shetty on 22.03.2024, FIR was initially registered against accused No.1 for offence punishable under Section 7(a) of the P.C.Act and in the trap that was held thereafter, the petitioner herein was apprehended while receiving the bribe amount of `25.00 lakhs from the de-facto complainant. Petitioner is not a Government servant. The allegation is that petitioner had allegedly received the bribe amount from the de-facto complainant at the instance of accused No.1. Accused No.1 has been granted regular bail by this Court in Crl.P.No.3766/2024 disposed of on 25.04.2024.
It is brought to the notice of this Court by the learned counsel for the petitioner that investigation in the case is completed and charge-sheet has already been filed. The maximum punishment for the alleged offence is imprisonment for a period of seven years.
Under the circumstances, I am of the opinion that the petitioner had made out a prima facie case for grant of regular bail. Accordingly, I proceed to pass the following:
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail, arising out of Crime No.3/2024 of Karnataka Lokayukta Police, Mangalore, Dakshina Kannada District for offence punishable under Section 7(a) of the Prevention of Corruption Amendment Act, 2018 pending before the Court of the III Additional District and Sessions Judge, Mangalore subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of `1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The 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.
In view of disposal of petition, I.A.No.1/2024 does not survive for consideration.