Anticipatory bail may be granted in exceptional circumstances, balancing individual liberty against the integrity of the investigation, particularly when the alleged offences do not exceed seven years of imprisonment.

ORDER :

This Criminal Petition, under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) has been filed on behalf of the petitioner herein/accused No.1 to grant anticipatory bail in connection with Crime No.RC2182025A0002 of CBI, AC-III, New Delhi.

2. A case has been registered against the petitioner herein/accused No.1 and other accused for the offences punishable under Section 61 (2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘BNS’) and Sections 7, 8, 9, 10, 11 and 12 of the Prevention of Corruption Act, 1988 (for brevity ‘PC Act’) as amended in 2018.

3. Brief facts of the case of prosecution are that, the Koneru Lakshmaiah Education Foundation (KLEF) is a Deemed to be University, accredited by NAAC with A++ grade and it is due to reaccreditation by NAAC for the period 2024-2029.

(b) The National Assessment and Accreditation Council (NAAC), an autonomous body, established by the University Grants Commission (UGC) has the mandate to assess and accredit institutions of higher learning, universities and colleges or one or more of their units i.e. Departments, schools, institutions, programmes etc.

(c) There was credible information which revealed that NAAC Inspection of KLEF is scheduled from 29.01.2025 to 31.01.2025 and the petitioner herein/accused No.1, accused No.2 being the President and Vice-Chancellor of KLEF, respectively, in connivance of other accused, were alleged to have indulged in corrupt activities of inclusion of Members favourable to KLEF in the NAAC Inspection team and bribing them for favourable report; that accused No.2 with the knowledge of petitioner herein/accused No.1, approached the NAAC officials through accused Nos.5 and 6, to explore ways and means for inclusion of known members in the formation of NAAC Inspection Team and it was further alleged that accused Nos.1 and 2 requested accused No.6 to be one of the Member of NAAC Inspection Committee; that accused No.6 was alleged to have revealed the names of seven members of NAAC Inspection Team to accused No.2 before officially communicated.

(d) It is the further allegation that on 18.01.2025 and19.01.2025, accused Nos.1 and 2 were alleged to have delivered a bribe amount of Rs.10.00 lakhs to accused Nos.5 and 6 for arranging favourable NAAC Inspection Team, out of which, Rs.5.00 lakhs to be delivered to accused No.7 and remaining Rs.5.00 lakhs to accused Nos.5 and 6; that on 22.01.2025 accused No.10 was alleged to have disclosed the names of seven member NAAC Inspection Team to accused No.2.

(e) That further, on 25.01.2025 accused Nos.3 and 4 were alleged to have met accused No.9 and other accused and negotiated bribe amount for favourable inspection report and it was informed to accused Nos.1 and 2 that accused No.9 was alleged to have demanded Rs.1.80 crores in total for managing the whole inspection team for favourable report, out of which Rs.1.30 crores was for accused No.9, as he would be alleged person preparing the inspection report.

(f) That further, on 26.01.2025, accused Nos.3 and 4 visited the residence of accused No.9 to further negotiate the bribe amount and finally fixed the bribe amount at Rs.3.00 lakhs and a laptop to each of the team member and Rs.10.00 lakhs to accused No.9; that on 28.01.2025 accused No.2 was alleged to have informed accused No.1 about the arrival of accused Nos.10 and 12 and accused No.1 was alleged to have instructed accused No.2 to pay a sum of Rs.3.00 lakhs to accused No.12 and Rs.5.00 lakhs to accused No.10; that accused No.2 was alleged to have informed accused Nos.3 and 4 that accused No.9 was alleged to have again demanded a sum of Rs.60.00 lakhs.

(g) That it was learnt that the money as agreed, has been delivered to NAAC Inspection Team; that the accused Nos.1, 2 and 4 conveyed accused No.9 to show the score sheet with a favourable grading to KLEF, to deliver the demanded amount to him and KLEF personnel were alleged to have requested all the Members of NAAC Inspection Team to g