VEERESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Sec. 438 of the Code of Criminal Procedure, 1973, (for short hereinafter referred to as 'Cr.P.C.') seeking to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.5/2022 of Anti Corruption Police Station Yadgiri, Yadgir, registered for the offence punishable under Sec. 7(a) of Prevention of Corruption Act, 1988( for short P.C. Act) pending before the District & Sessions Judge, Yadgir.

(2.) A FIR came to be registered on the basis of the complaint lodged by one Raghupathi. It is alleged that he is working as a Contractor and having four lorries in which he transports sand as per law after getting Royalty Licence and permission. It is alleged that about 3 to 4 months, accused No.1 Gutheppa Gowda, a police staff working in Dy.S.P. Office, Yadgiri started demanding Rs.40,000.00 per lorry as illegal gratification. Hence, the complainant asked the present petitioner who is an Dy.S.P. to reduce the amount of Rs.40,000.00 and the petitioner told the complainant he will look into the matter. But there was no progress in the matter. Due to repeated request by one Gutheppa Gowda, the complainant paid an amount of Rs.27,000.00 through Phone pay and complainant recorded the conversation between him and Gutheppa Gowda. As said person was repeatedly asking the amount, he lodged a complaint to the police against said Gutheppa Gowda and the petitioner. On the basis of the said complaint, the ACB police laid the trap and an amount of Rs.35,000.00 was recovered from the first accused. ACB Officials conducted entrustment panchanama and seizure panchanama with the help of panchas and shadow witness on 22/5/2022 itself. As the petition filed by the petitioner before the Sessions Judge came to be rejected, this petition is filed.

(3.) Heard Shri. Sanjay A. Patil, learned counsel for the petitioner and Sri. Veeranagouda Malipatil, learned HCGP for the respondent No.1/State who has also filed the objections. Perused the material on record.