RAGHAVENDRA S. R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., for granting regular bail in Crime No.38/2021, pending on the file of XXIII Additional City Civil and Sessions Judge and Special Judge (PCA), Bengaluru (CCH-24), registered by ACB Police, Bengaluru for the offence punishable under Sections 7(a) and 7(A) of the Prohibition of Corruption Act.

(2.) Heard Sri Ravi B. Naik, the learned Senior counsel for the petitioner and the learned Special Public Prosecutor appearing for respondent-State.

(3.) The case of the prosecution is that on the complaint of one Shivashankar B.N filed on 17.09.2021 alleging that he has entered into a registered agreement of sale dated 18.06.2018 with Syed Baba John in respect of the land bearing Sy. No.79 measuring 5 acres situate at Shettigere Village, Bengaluru North Taluk for valuable sale consideration of Rs.2.80 crores and he has paid sum of Rs.15.00 lakhs as advance amount to his vendor. Thereafter, there was a civil dispute arose between the complainant and others, which is pending before the Civil Court. In this background, on 23.08.2021 the complainant appears to have installed the board in the above said property regarding the civil litigation is pending before the Civil Court and it is alleged that on 28.08.2021 in the night, the opposite party by name Dinesh and others have removed the said board. In this connection, he went to the police station for lodging the complaint on 26.08.2021. At that time, the petitioner - accused No.1, who is said to be Circle Inspector of Police working in Chikkajala Police Station, demanded illegal gratification of Rs.10,00,000/- as undue advantage to provide protection to the property. Accordingly, the complainant has agreed to pay the above said bribe amount. As agreed upon, the complainant has paid illegal gratification of Rs.4,00,000/- to this petitioner on 01.09.2021 and subsequently, on the instruction of accused No.1, he has paid another Rs.4,00,000/-to accused No.2 - Vinay, who is absconding, on 06.09.2021. As the complainant is not willing to pay the remaining illegal gratification of Rs.2,00,000/-, he lodged complaint before ACB police. Accordingly, ACB Police set up a trap and they sent cash of Rs.2,00,000/- through the complainant and instructed him to give the same to accused No.1 on demand. Accordingly, on 18.09.2021 the complainant went along with shadow witness and met accused No.1 in his chamber at the Police Station. When the complainant is about to paying the said money, accused No.1 is said to have instructed him to handover the said amount to accused No.3 - Raghavendra Nayaka, who is also sitting in the chambers. Accordingly, the complainant handed over the said amount to accused No.3 and accused No.3 accepted illegal gratification of Rs.2,00,000/- from the complainant on behalf of accused No.1. Thereafter, the ACB police apprehended both accused Nos.1 and 3 and recovered tainted money and the hand wash of accused No.3, which turned pink color and it is confirmed that accused No.3 accepted the bribe amount on the instructions of accused No.1. As such, ACB police successfully completed the trap proceedings. Thereafter, ACB police arrested accused No.1 and 3 and got remanded them to the judicial custody. Therefore, both accused persons approached to the Sessions Judge for granting bail, wherein the Sessions Judge has granted bail to accused No.3 and rejected the bail petition of accused No.1. Being aggrieved by the same, the petitioner - accused No.1 has moved this bail petition.