The recovery of tainted currency, positive colour test, and seizure of relevant documents influenced the court's decision to grant bail under stringent conditions.

JUDGMENT/ORDER

1. Heard Sri. I.S. Pramod Chandra, learned counsel for the petitioner and Sri B.B. Patil, learned counsel for respondent-State. Perused the records.

2. This petition is filed under Sec. 439 of Cr.P.C. with the following prayer:

"WHEREFORE, it is humbly prayed this Hon'ble Court be pleased to grant the relief of bail to the Petitioner in Crime No. 3/2023 registered with Lokayuktha Police, Chikkamagaluru for an offence punishable under Sec. 7(a) of Prevention of Corruption Act, with such conditions as this Hon'ble Court deems fit to impose upon the Petitioner, in the facts and circumstances of the case, in the interest of justice and equity".

3. The brief facts of the case are as under:

4. Upon the complaint lodged by Smt. Shahina Banu, Lokayuktha Police, Chikkamagaluru, registered a case in Crime No.3/2023 on 23/2/2023 for the offence punishable under Sec. 7(a) of the Prevention of Corruption Act, 1988 (Amendment Act, 2018) (hereinafter referred to as 'PC Act' for short).

5. The petitioner is the sole accused in the Crime.

6. The gist of the complaint averments reveal that the complainant had applied for change of katha in respect of his father's property bearing Survey No.32 measuring 2 acres and 19 guntas of agricultural land situated at Arenuru, Avati Hobli, Chikkamagaluru Taluk, for which the accused/petitioner demanded bribe in a sum of Rs.50, 000.00. She could able to pay Rs.10, 000.00 and prayed to do the work, but the accused/petitioner insisted for the remaining amount of Rs.40, 000.00 for completing the work. The petitioner was not interested in parting with the bribe amount.

7. Thereafter, on 23/2/2023 the complainant came to the Lokayuktha Police Station and informed the above matter to the police. Police have handed over the station voice recorder to the complainant and the information for using the same. Accordingly, on the same day, complainant visited the office of the accused/petitioner and recorded the demand of illegal remaining gratification of Rs.40, 000.00 by the accused persons. Thereafter, complainant approached the Lokayuktha by handing over the voice recorder.

8. Lokayuktha police registered an FIR against the accused persons and conducted raid and caught hold the accused red handed and a mahazar was drafted. Thereafter, the accused was produced before the Special Court and remanded to judicial custody.

9. The attempt made by the petitioner to obtain an order of grant of bail before the Principal District and Sessions Judge and Special Judge at Chikkamagaluru was turned down by order dtd. 3/3/2023 in Crime No.3/2023. Thereafter, the petitioner is before this Court.

10. Reiterating the grounds urged in the bail petition Sri.I.S. Pramod Chandra, learned counsel for the petitioner vehemently contended that the matter does not require a custodial investigation nor in the present case the custodial trial is warranted inasmuch as the tainted currency has already been seized and colour test has also been resulted in positive and necessary papers are already sized from the hands of the petitioner and there remains nothing to be seized from the custody of the petitioner. He also pointed out that the apprehension of the prosecution can be met with by imposing suitable and stringent conditions and therefore, the petitioner be enlarged on bail.

11. Per contra, Sri. B. B.Patil, learned counsel for the respondent vehemently opposed bail grounds by contending that if the accused is granted bail, it would send a wrong signal to the Society at large and also it encourages the perpetrators of the similar nature and sought for rejection of the petition. He further contended that if the petitioner is enlarged on bail, he may be tamper with the prosecution witnesses. Therefore, his bail request is to be rejected.

12. In the light of the rival contentions of the parties, this Court perused the materials on record meticulously.

13. On such perusal of the materials on record, it is seen that on 23/2/2023, Karnat