RAJAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The complainant who is a Police Officer conducted mahazar on 30th April, 2015 and has taken possession of some of the materials from the residence of the petitioner who is the sole accused in this case and thereafter registered a case in Crime No.64/2015 on the file of the Excise Enforcement and Lottery Prohibition Wing, KGF, for the offence punishable under Secs. 120-B, 188, 420 and 34 of IPC and Sec. 5 and 7 of Lottery Prohibition Act. The Excise and Lottery Prohibition Wing, also a Police for the purpose of investigation, completed the investigation and filed charge sheet. Thereafter, the State Government handed over the case to the CBI on 28-05-2015 and consequently, case has been registered as RC 08(S)/2015/CBI/SC-1/New Delhi.

(2.) The learned Counsel for the petitioner files this application under Sec. 439 of Cr.P.C. for grant of bail for the following reasons, namely:

(3.) Firstly the case was registered on the basis of a sting operation made by a TV channel on March, 6th and 7th, 2015. Thereafter, till 01-05-2015 investigation of the case has been done and the delay in investigation is forthcoming from the investigation papers. Secondly, the person who has made mahazar on 30-04-2015 and registered the case himself is the investigation officer. Sanction under Sec. 165 of Cr.P.C. for the purpose of conducting raid has not been obtained, since the case itself was not registered on that day. The Police Officer who conducted the raid himself is the complainant and his version has been taken for the purpose of Sec. 154 of Cr.P.C. Since there is an inbuilt defect in the complaint and the complainant himself is an investigating officer and no sanction was obtained and however since investigation is completed and charge sheet is filed on 29-06-2015, the presence of the petitioner is not required for any purpose. Under these circumstances, this petitioner has to be granted the benefit of bail.