NEELKANT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is arraigned as accused has filed this petition under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (439 of Cr.P.C.) to grant him regular bail in Crime No.05/2024 of respondent PS, for the offence punishable under Sec. 7(a) of Prevention of Corruption Act, 1988 (Amendment Act - 2018).

(2.) In support of the petition, the petitioner has contended that he has not committed the offences and has been falsely implicated. There was no demand and acceptance. The tainted money is not recovered from the petitioner. The same is seized from the driver of the Town Municipal Corporation. The maximum punishment prescribed for the offence, under Sec. 7(a) of Prevention of Corruption Act is punishable with imprisonment for seven years. The petitioner is suffering from blockage of coronary arteries and is on medication. He requires immediate surgery. He is the only earning member of the family. Already substantial portion of investigation is completed. Petitioner is ready and willing to abide by any conditions that may be imposed and offer substantial surety to the satisfaction of the Trial Court and hence, the petition.

(3.) The learned Special Public Prosecutor representing the respondent Lokayukta submitted oral objections stating that petitioner is working as Chief Officer, TMC, Bhatkal. A complaint came to be filed against the petitioner stating that when complainant Mohtesham Muhammad Idress applied for Form No.3 and UGD connection, Form No.3 was not issued on the ground that there is outstanding tax. When Shakeel Mohtesham met the accused and enquired about the outstanding tax, he said that Rs.2,00,000.00 is required. As per the directions of his uncle, complainant paid Rs.2,00,000.00 into the hands of Shakeel Mohtesham. He paid the said sum to the accused. However, accused issued receipts for only Rs.90,068.00. He neither paid the balance amount nor Form No.3 is issued. The UGD connection is also not given.