KRISHNAPPA H. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused No.1 under Sec. 439 of Cr.P.C., for granting regular bail in Crime No.11/2021 registered by ACB, Ramanagara Police for the offences punishable under Ss. 7(a), 7(b), 7(A) and 12 of Prevention of Corruption Act.

(2.) Heard the learned Senior Counsel appearing for the petitioner and the learned Special Public Prosecutor appearing for the respondent-State.

(3.) The case of the prosecution is that on 07/02/2021, the complainant by name Smt.Vinutha has lodged a complaint before the ACB Police alleging that her father filed an application with the Tahsildar for issuance of Saguvali Chit in respect of the land in Sy.No.61/7, measuring 1.09 acres out of which 7-8 guntas were granted by the Government of Mysore during the year 1958 and prior to that, 2 acres of land in Sy.No.53 has been granted and but they have not obtained Saguvali chit. But an endorsement came to be issued by the Tahsildar stating that the "grant order is not available " in the office. Therefore, they have preferred an appeal before the Assistant Commissioner in R.A.(S) No.350/2015-16, which came to be dismissed. Subsequently, accused No.2-Basavaraj got introduced the petitioner/accused No.1 to the complainant stating that he will provide the Saguvali Chit if they paid money to accused No.1. After the introduction of the petitioner to the complainant, accused No.1 is said to have demanded Rs.15 lakhs for issuance of Saguvali chit and do the work and after bargaining, petitioner/accused No.1 agreed to receive Rs.3.5 lakhs for the said work, accordingly, the complainant paid Rs.2.5 lakhs to accused No.1/petitioner and remaining amount of Rs.75,000.00 was demanded by the accused person. Therefore, she lodged the complaint before ACB police and hence, the ACB police made a plan to trap the accused persons. On 08/09/2021 near S.N. Complex, when accused No.1 and 2 came and met the complainant, the complainant paid Rs.75,000.00 to accused No.1, but accused No.1 asked the complainant to pay the said amount to accused No.3. Accordingly, the complainant paid Rs.75,000.00 to accused and he received the amount and kept in his pocket. Immediately, the police trapped the accused persons and apprehended them and recovered Rs.75,000.00 from them and seized under the panchanama in the presence of the witnesses and produced the accused before the Special Court and thereafter the accused were remanded to judicial custody. Accused Nos.1 and 3 have approached the Sessions Court for grant of bail, which came to be allowed in part and petition in respect of accused No.3 came to be allowed and petition in respect of petitioner No.1 came to be rejected. Hence, he is before this Court.