The completion of material part of the investigation and the recording of the statement of defacto complainant under Section 164 Cr.P.C. are crucial factors in determining the grant of bail.

JUDGMENT

B.S. Bhanumathi, J. - This Criminal Petition is filed seeking bail under Section 437 and 439 of the Code of Criminal Procedure, 1973 ('CrPC') to the petitioner/A.2 in Crime No.02/RCT-ATP/2023 of A.C.B. Anantapuram Police Station, registered on 27.02.2023 for the offence punishable under Section 7 of Prevention of Corruption (Amendment) Act, 2018.

2. Heard learned counsel for the petitioner and Sri.S.M.Subhani, learned standing counsel representing the respondent/State.

3. The case of prosecution is that on 27-02-2023 when a trap was laid by the investigating officer through the defacto complainant as A.1 to A.4 demanded him to pay bribe of Rs.30,000/- putting the defacto complainant under the pressure to pay the same threatening to cancel the GST permanent registration or converting the same as temporary one for conducting exhibitions and in that connection, there were talks between the defacto complainant and the accused over phone as well and their voice conversations were also recorded on 23.02.2023. Further, on 27.02.2023, a trap was laid and the accused were caught red handed receiving Rs.30,000/- as bribe.

4. Learned counsel for the petitioner submitted that a false case was foisted at the behest of Edika Prasad whose name is referred in the FIR itself to indicate that he is the person behind getting trap laid and that Edika Prasad developed grudge against A.O.1, since A.O.1 held Edika Prasad responsible to pay Rs.25crores as GST at different spells for example transaction vide Case ID No.AD370922001206E-IGST/ CST/ SGST/01, dated 27-01-2023 for Rs.13.86 crores. It is further submitted that the petitioner was also made part of the whole event, in view of the grudge bore by Edika Prasad.

5. He further submitted that the material part of the investigation was completed and the statement of defacto complainant under Section 164 Cr.P.C. was also recorded. It is essentially argued by the learned counsel that the registration given to the defacto complainant is under CGST whereas the petitioner is working in State GST and has no control over grant, cancellation or alteration of the registration under CGST and therefore, no offence can be made out against him. It is further submitted that the petitioner has been in judicial custody since 28-02-2023 and his continuation in custody is no more required. It is also submitted that though the investigation team said to have recorded the voice conversation prior to the date of the alleged commission of offence, no such conversation was recorded at that time inspite of saying that they had a telephonic conversation on that day as well. He further submitted that the whole effort is vindictive.

6. Learned counsel representing the respondent filed counter opposing the petition and submitted that the investigation conducted so far revealed the commission of offence and more over, hands of A.O.2 and A.O.3 tested positive when the chemical examination was conducted and further that there is voice recording of conversation on 23.02.2023 reduced into writing and therefore there is well founded accusation against the petitioner. He further submitted that the statement of defacto complainant under Section 164 Cr.P.C was recorded and that material witnesses were examined in the investigation. He further submitted that since sanction is required to file the charge sheet, it is under process.

7. Without going into the merits on technical aspects, which are raised about the cancellation or alteration of the registration granted, since material part of investigation is completed and the statement of defacto complainant under Section 164 Cr.P.C. was also recorded, the petitioner can be granted bail with certain conditions.

8. In the result, the petition is allowed. The petitioner/A.2 (Sake Rajasekhar) shall be released on bail on his executing personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties for the like amount each, to the satisfaction of the learned Special