RAVI PRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Criminal Petition No.102111/2022 is filed by accused No.1 and Criminal Petition No.102086/2022 is filed by accused Nos.21 and 23. Both the petitioners are filed under Sec. 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the ' Cr.P.C .', for brevity) seeking anticipatory bail in Koppal ACB Crime No.3/2016 registered by registered for the offences punishable under Ss. 13(1)(c)(d)(i)(ii) and (iii)(2) and Sec. 15 of Prevention of Corruption Act, 1988 and Ss. 406, 408 , 409, 417, 420, 464, 471, 476, 477, 477A and 120B of the Indian Penal Code.

(2.) The case of the prosecution in brief is that, in the Panchayat Raj Engineering Division, Koppal, from 21/9/2013 to 6/2/2014, there was a scheme of Rural Water Supply and an amount of Rs.23,41,86,474.00 was allotted for the said work. That there was allegations of misappropriation and a complaint was lodged. FIR was registered against 30 officers and contractors for breach of trust, forgery of public records, fabrication of documents, falsification of documents, accounts and criminal conspiracy. The Hon'ble Deputy Lokayukta had enquired and found that there was misappropriation and based on that report, a case was registered. The accused against whom a case was registered, had preferred writ petition for quashing of the proceedings and the same came to be dismissed by order dtd. 26/2/2021. Thereafter, the ACB proceeded for investigation and these petitioners apprehending their arrest have approached the Sessions/Special Judge, Koppal seeking anticipatory bail and the same came to be rejected. Therefore, the petitioners are before this Court seeking anticipatory bail.

(3.) Heard the learned counsel appearing for the petitioners and Sri. Santosh Malagoudar, learned Special Public Prosecutor for the respondent/ACB.