KAILASH S. RAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Both these petitions call in question registration of crime in Crime No.15 of 2023 for offences punishable under Ss. 7(b) , 7A, 8, 9 and 10 of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act' for short) and pending before the XXIII Additional City Civil and Sessions Judge and Special Court under Prevention of Corruption Act, Bengaluru. Criminal Petition No.3314 of 2023 is preferred by accused Nos. 2 and 3 - one Albert Nicolas and Gangadhar. Criminal Petition No.3371 of 2023 is preferred by one Kailash S.Raj, Vinay S.Raj and Chetan Marlecha who are depicted to be owners of M/s Karnataka Aromas Company and are arrayed as accused No.5 in the aforesaid crime.

(2.) Shorn of unnecessary details, the facts in brief as borne out from the pleadings are as follows:

(3.) The gist of the complaint is that accused No.1 calls the complainant at his personal office in Crescent Road and negotiates with the price that is to be paid as alleged bribe for clearance of the bills in future. It is alleged that initially a sum of Rs.60.00 lakhs had been demanded from the hands of the first informant to ensure that tenders are accepted and the amount released in their favour without any interference. It is further alleged that accused No.1 agreed to receive a sum of Rs.33.00 lakhs and Rs.48.00 lakhs on two different dates which was on a consensus. It is also averred in the complaint that against the said assurance a particular quote was to be given by the first informant at Rs.815.00 per kg. for supply of 5100 kgs. of Guiacwood oil and the other participant in the tender would quote at Rs.4,349.00 per kg. for the supply of 29520 kgs. of Musk to the Karnataka Soaps and Detergent.