Shanthappa & Others vs State Of Karnataka

Sreenivas Harish Kumar, J

Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State.

This is petition under Section 439 Cr.P.C. The respondent-police have registered a complaint against the petitioners for the offences punishable

under Sections 7(a), 7(A), 13(1)(a), 13(1)(b) read with 13(2) of the Prevention of Corruption Act.

The allegations against the petitioners are that when the Government purchased the Tur dal from the farmers through the PKP Society at

Huvinahipparagi, the petitioners in the capacity of Secretary and salesmen of the Society respectively collected Rs.100/- per ton from every farmer.

This information was given to the police by one Chandrashekar on 26.02.2020.

The learned counsel for the petitioners submits that there is no truth in the allegations made by the petitioners. Nobody has disclosed the names of

the petitioners. The offences as lodged against them under the provisions of the Prevention of Corruption Act are not made out. Investigation is almost

completed and therefore the petitioners can be released on bail.

The learned High Court Government Pleader submits that in case the petitioners are released on bail, they will tamper with evidence and threaten

the witnesses.

As it is found that investigation is almost completed and considerable recovery is also made from the petitioners, I do not find at this stage that there

is any impediment for granting bail to the petitioners. If at all any investigation is pending, it cannot be said that the petitioner will interfere with the

investigation process. Therefore the following:

ORDER

i. Petition is allowed.

ii. The petitioners are ordered to be released on bail on each of them executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) and

providing two sureties for the likesum to the satisfaction of the trial Court.

iii. They shall appear before the Police Station once in fortnight on a Monday between 9.00 a.m. and 12.00 noon and mark their appearance before the

police, till charge sheet is filed.

iv. They shall regularly appear before court for trial.

v. They shall not threaten the witnesses or destroy the evidence.

This order be communicated to the prison authorities.