RAKESH SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present petition is filed by accused No.1 under Section 438 of Cr.P.C. to enlarge him on anticipatory bail in Crime No.135/20 of K.P.Agrahara Police Station, Bengaluru, for the offences punishable under Section 506, 120B, 465, 384, 419 of IPC.

(2.) I have heard Sri A.S.Ponnanna, learned Senior Counsel for Sri Ravikumar B.K., learned counsel for the petitioner-accused No.1; Sri V.M.Sheelavanth, learned SPP-I for respondent No.1-State; and Sri C.V.Nagesh, learned Senior Counsel for Sri P.N.Manmohan, learned counsel for respondent No.2-complainant.

(3.) The brief facts of the case are that petitioner- accused No.1 is the Managing Director of Power TV News Channel. Complaint's Company is engaged in construction activities and has obtained tenders from various Departments of the State and Central Governments and BDA. In respect of four different contracts of BDA, an amount of Rs.140 Crores was due to the complainant. It is further alleged that in the month of June, 2020, petitioner-accused No.1 called the complainant and asked him to meet him in his office at Mathikere. Accordingly, the complainant went and met the petitioner-accused No.1 and the complainant informed the petitioner-accused No.1 that he wants to put up an advertisement hoarding at Yelahanka at A.P.Border Troll Road which his Company has developed. While discussing, petitioner-accused No.1 also informed the complainant that he is very close to Mr.Amith Shah, the Hon'ble Minister of Home Affairs, Government of India and he is in touch with him on regular basis. He also claimed that he could help him in getting any work done either from State or Central Governments. It is further alleged in the complaint that the complainant was in constant touch with the petitioner-accused No.1 and during 4th week of June, 2020 he was persuaded to discuss with him about a tender floated by New Mangalore Port Trust in respect of construction of break water for fishing harbor at Kulai and the value of the work was around Rs.100 Crores and tender got notified on 24.9.2019. After coming to know the said information, petitioner-accused No.1 called one Mr.Parithosh Bala, Chief Engineer (Civil) New Mangalore Port Trust and spoke to him identifying himself as an Officer working in the office of Mr.Amith Shah, Hon'ble Home Minister and further told him that he has been directed by Hon'ble Home Minister to inform him that the tender submitted by M/s. Ramalingam Construction Company must be approved and granted in its favour. Subsequently, complainant after seeing, was astonished and taken aback after receiving the letter dated 29.6.2020 from New Mangalore Port Trust regarding disqualifying him from the tender process on the ground that he tried to influence the tender awarding authority.