NALLI MURALI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is the accused in R.C.No.14(A)/2018/CBI/ACB/Hyderabad, which crime is registered, for the offence under Section 7(a) of the amended Prevention of Corruption Act 16 of 2018 (for short, 'the P.C.Act') which came into force with effect from 26.07.2018, on 07.09.2018, from the alleged suspected occurrence as per para 3 of the F.I.R. 06.09.2018 evening hours.

(2.) The contents of the F.I.R. show the Deputy Inspector of General of Police, CBI/ACB/Hyderabad, received written complaint on 07.09.2018 addressed to DIG, CBI, Hyderabad, by one D. Laxma Reddy, partner of M/s. Bharathi Constructions of Road No.7 of Meerpet, alleging demand of undue advantage to perform public duty dishonestly of Rs.20,000/- bribe by N.Murali, who is the petitioner herein, for clearing his pending final bill regarding his completed contract work and in this regard complainant met N.Murali two times earlier to clear it, but there was no response. On 06.09.2018, said Laxma Reddy met N.Murali and requested to clear his final pending bill, for which he demanded to pay Rs.20,000/- to process his final bill, otherwise will not process and created a problem to get the bill cleared early and further instructed Laxma Reddy to bring the said amount on 07.09.2018 evening to his office by keeping in a envelop cover and as the complainant unwilling to pay, he requested to take action and these allegations has constituting the offence under Section 7(a) of the Act, registered the crime supra on 07.09.2018 and verification report of even date enclosed to read as part of it. Leave it as it is, there was a proceeding on 05.10.2018 by the Syndicate Bank, Rail Nilayam Branch, to the petitioner/accused herein supra, by freezing of his bank account 30462010024051 as per CBI letter Ref.No.Rc.14(A)/2018/CBI/HYD, dated 10.09.2018, by mentioning that letter received from CBI to freeze the account containing an amount of Rs.19,02,213/- until further orders and said N.Murali, can operate his account except the above mentioned amount until clearance from CBI. It is the same impugned by filing petition in Crl.M.P.No.2054 of 2018 by the petitioner/accused of the crime supra before the learned Principal Special Judge for CBI cases and the order passed operative portion reads from para 27 running in 9 pages on 04.12.2018, by the learned Principal Special Judge for CBI was in allowing the petition directing that order of CBI instructing the Branch Manager, Syndicate Bank, Rail Nilayam Branch, to freeze S.B. account of the petitioner supra be withdrawn and S.B. account stand de-frozen, permitting him to operate.

(3.) It is not in dispute herein with any impugnment. However, the further portion of the order reads that the petitioner is directed to invest the sum of Rs.19,02,213/- in a fixed deposit in Syndicate Bank, Rail Nilayam Branch, for a period of two years with condition that he shall not encumber the same in any manner. After investing that amount in fixed deposit in the said Branch, directed to intimate the Court and also CBI of such investment and directed to file a memo in Court upon investing that amount in fixed deposit as stated above with copy of fixed deposit.