A M SHANKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Crl.P.No.6409/2022 is filed by the petitioner/accused No.3 and Cril.P.No.6883/2022 is filed by the petitioner/accused No.2, under Sec. 439 of Cr.P.C for granting regular bail in Crime No.15/2022 registered by A.C.B. Police, Mysuru for the offence punishable under Sec. 7(a) of Prevention of corruption act (Amended Act 2018) herein referred as PC Act, pending on the file of 3rd Additional District and Sessions Judge and special Court Mysuru.

(2.) Heard the arguments of learned counsel for the petitioner in both the cases and special counsel for the respondent.

(3.) The case of the prosecution is that on the complaint of one Siddaraju a retired teacher filed complaint to the respondent police on 20/6/2022 alleging that he was retired teacher worked at Changowdanahalli Primary School and retired on 31/5/2022 and for the purpose of getting his pension he had applied to Block Education Officer (B.E.O), H.D. Kote, for moving his file to the Auditor General Office. On 19/6/2022 when he approached accused No.1 the Second Division Clerk, namely Ravi and asked about his file and for that the accused No.1 said to have demanded bribe of Rs.5000.00 to the accused No.2 who is B.E.O. and Rs.2000.00 for accused No.3 who is Superintendent and another Rs.2000.00 for the Manager totally Rs.9000.00 and for himself he demanded any such amount as per pleasure of the complainant. The complainant is not willing to pay the bribe amount and he recorded the conversation and filed the complaint to the police. Subsequently a trap was set up on 23/6/2022, the amount was sent through the Sister-in-law of the complainant as the complainant said to be handicapped. The accused No.2 said to have accepted Rs.5000.00 and accused No.3 was caught while accepting Rs.2000.00. They have arrested and after seizing the cash, the police got remanded them to the judicial custody. The bail petition of the accused persons were rejected by the Sessions Court, hence they are before this Court.