RAJANNA S/O. BANGOORAIAH, PRABHAKARA S/O. BOMMEGOWDA AND YOUSUF SHARIFF S/O. GHOUSE SHARIFF Vs. POLICE INSPECTOR AND STATION HOUSE OFFICER REPRESENTED BY SPECIAL PUBLIC PROSECUTOR

JUDGEMENT

(1.) IN this petition filed under Section 438 Cr.P.C., the 1st petitioner has sought for anticipatory bail apprehending his arrest by Lokayukta Police in connection with Crime No. 6 of 2009. The petition in respect of petitioners 2 and 3 has been dismissed as not pressed.

(2.) ON the complaint said to have been lodged by one Ravi Kumar, the Lokayuktha police, Mysore, registered the aforesaid case against the officials of Lashkar Police Station, Mysore, and thereafter conducted a trap, in which, one Police Constable attached to the said police station by name Basavaraj and his friend Chandrashekar were trapped and they were caught red -handed while accepting the bribe money from the complainant and immediately both of them were arrested. When they were produced before the Special Judge initially they were remanded to Judicial Custody, subsequently, they have been enlarged on bail by the Special Judge. On the basis of the certain allegations made in the complaint against the lst petitioner -Police Inspector, Lashkar Police Station, Mysore, he has also been arraigned as accused in the charge sheet filed, after completion of the investigation. Therefore, apprehending his arrest, the 1st petitioner has sought for the relief of Anticipatory Bail. His application Sled before the special judge under Section 438 Cr.P.C. came to be rejected on the ground that his presence is required for further investigation. Perusal of the complaint allegations do not prima facie indicate any case against the 1st petitioner and the only allegation made against the 1st petitioner in the complaint is that the Jeep Driver and police constable used to visit the shop of the complainant and were demanding Mamoolu stating that it is to be paid to the Sub -Inspector. There is no prima facie material to indicate that the 1st petitioner had demanded any Mamoolu from the complainant.

(3.) ACCORDINGLY , the petition is allowed, insofar as the 1st petitioner is concerned. The respondent is directed to release the 1st petitioner on bail in the event of his arrest in connection with Cr. No. 6.2009 of Lokayukta Police Station, Mysore, upon his executing a personal bond for a sum of Rs. 25,000/ - (Rupees Twenty Five Thousand only) with one surety for the like -sum to the satisfaction of the Investigating Officer with further conditions that he shall not tamper or terrorise the prosecution witnesses in any manner and that he shall appear before the Investigating Officer as and when required by him.