GOVINDASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is the petition filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 7, 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988, registered in Respondent Police Station in Cr. No. 12/2013. The brief facts of the case of the prosecution are that the complainant filed the complaint before the Respondent Police alleging that he has leased his house situated behind Idgah Maidan to Ramanagara Zilla Panchayat in the year 2011 for the purpose of running the student hostel at the monthly rent of Rs. 49,000/-per month. The Ramanagara Zilla Panchayat has not paid the rents till 26.11.2013 which is totally amounting to Rs. 09,40,483/-. In that regard, he has approached the Ramanagara Zilla Panchayat and they have instructed him to approach the District Treasury Office as the bill has already been sent to the District Treasury.

(2.) It is further alleged that the complainant had approached and enquired the case worker Sri Govindaswamy, the petitioner herein with regard to arrears of rent bill sent by the Zilla Panchayat and petitioner demanded a sum of Rs. 10,000/- to pass the bill. It is further alleged that the complainant Shivalingaiah has informed the petitioner to pass the bill and let the petitioner claim to be made in this regard. On 26.11.2013, the petitioner visited the house of the complainant and told the complainant Shivalingaiah that if he pay the amount, the bill will be passed and the complainant has informed the accused/petitioner that he will pay Rs. 5,000/- at present as he has no sufficient amounts as demanded by the accused/petitioner and the accused had informed him that if the complainant pay Rs. 5,000/-, the bill be passed and left the place after receipt of Rs. 5,000/-. It is alleged that since the accused is demanding Rs. 5,000/- to pass the arrears of rent bill, the complainant has approached the Ramanagara Lokayuktha Office and informed the same about the incident and then, on 27.11.2013, the police lead the trap and booked the case against the petitioner.

(3.) Heard the arguments of the learned counsel appearing for the petitioner and also the Special Prosecutor for the Respondent State.