CHINNAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Sec. 438 of Code of Criminal Procedure (for short, 'the Cr.P.C .') is by the accused No.2 seeking anticipatory bail for the offences punishable under Ss. 7(a) and 7(A) of the Prevention of Corruption Act, 1988 (for short, 'the Act'), contending that he is innocent and law abiding citizen. Since 2009 he is in the Government Service but there are no complaints against him. Without conducting any preliminary enquiry, the complainant-police have registered the case. Petitioner is a permanent resident of the address given in the cause title and possessing movable and immovable property. He is ready to abide by any conditions that may be imposed and prays to allow the petition

(2.) On the other hand, learned High Court Government Pleader submitted oral objection contending that the petitioner, who is arraigned as accused No.2 is working as a case worker and accused No.1 as First Grade Revenue Inspector in the office of Sub-Division, Ballari. On 16/11/2022, complainant-Kiran Yadav lodged a complaint stating that he has purchased a vacant site and a building and approached accused No.1 for making khata. He demanded bribe of Rs.80,000.00. When complainant approached accused No.3 who is the broker and together they met accused No.2 and he also demanded to pay Rs.80,000.00 as directed by accused No.1. After recording his conversation with accused Nos.1 and 2, he lodged the complaint. Based on the same, a case was registered. After conducting trap, accused Nos.1 and 3 were arrested. However, accused No.2 managed to abscond and because of the same, charge sheet could not be filed within the statutory period and as such default bail was granted to accused Nos.1 and 3 and prays to reject the petition.

(3.) Heard the arguments and perused the records.