SIDDALINGAPPA S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This criminal petition is filed by the petitioner/accused No.2 under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C .', for short) for granting regular bail in Crime No.6/2022 registered by Ballari ACB Police for the offence punishable under Sec. 7(a) of Prevention of Corruption Act,1988 (hereinafter for short 'P.C.' Act.).

(2.) Heard the arguments of the learned counsel for petitioner/accused no.2 and learned High Court Government Pleader for respondent-State.

(3.) The case of the prosecution is that one Sri.C.D.Nagaraj S/o D. Rangappa of Shridhargadde lodged complaint before ACB Police on 21/6/2022. It is stated in the complaint that he is having a Ashraya House which was fell down. Therefore, in order to construct a building he need permission or license. Therefore, he has approached village panchayath member one Mareppa and he instructed to get permission from panchayath office and this petitioner said to be PDO of Shridharagadde panchayath. Therefore, he approached accused no.1 for the purpose of grant of permission. For that, accused no.1 said to be demanded Rs.80,000.00 as bribe in order to give Rs.40,000.00 to this petitioner and for him Rs.30,000.00 to him and remaining amount shall be paid to other members of panchayath totally he has demanded Rs.1,30,000.00. He also said to be received Rs.20,000.00 as advance from complainant. Not willing to pay bribe complainant has recorded the conversation between accused nos.1 and 2 and lodged complaint on 21/6/2022. Police after registering the FIR, trap was set up. On the date of incident, complainant has paid Rs.50,000.00 to accused no.1. At that time, Police arrested the petitioner/accused no.1 and seized cashed from accused no.1 in the house of accused no.2. Both are produced before the Magistrate and remanded to judicial custody. Petitioner/accused no.2 has filed bail application before the Sessions Judge and the same came to be rejected. Hence, he is before this Court seeking regular bail.