K. NATARAJAN
K. Madal Virupakshappa – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT/ORDER
K. Natarajan, J. - This petition is filed by the petitioner-accused No.1 under Section 438 of Cr.P.C., for granting anticipatory bail in Crime No.13/2023 of Lokayukta Police, Bengaluru and for the offences punishable under Sections 7(a)(b), 7(A), 8, 9 and 10 of Prevention of Corruption Act.
2. Heard the arguments of learned Senior counsel for the petitioner and learned Senior Counsel appearing for respondent.
3. The case of prosecution is that on the complaint of one Shreyas Kashyap, S/o. B.S. Gururaj, the police have registered FIR against accused No.1-the present petitioner and his son-accused No.2 and others. It is alleged by the defacto complainant, in his complaint, that he is the partner of the company called Chemixil Corporation and his known person T.A.S. Murthy, who is said to be running a partnership firm in the name of M.S. Delicia Chemicals. They participated in the tender proceedings for procurement of chemical oil to be supplied to Karnataka Soaps And Detergent Limited (hereinafter referred to as 'KSDL') and they are the successful bidders. For the smooth supply of chemicals and chemical oils, they received procurement of raw materials. The accused said to
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The main legal point established in the judgment is the necessity of custodial interrogation in corruption cases and the importance of cooperation with the investigating agency.
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 year....
Article 21 of Constitution of India provides that no person shall be deprived of his life or personal liberty except according to procedure established by law.
(1) Court should be slow in granting anticipatory bail in corruption cases.(2) Cancellation of bail must be done only for cogent and overwhelming reasons – Nevertheless, setting aside an unjustified ....
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