Granting bail based on recovery of tainted currency, suspension from service, and lack of access to tamper with documents.

JUDGMENT/ORDER

V Srishananda, J. - Heard Sri V.D.Raviraj, learned counsel for the petitioner and Sri Ashwin S. Halady, learned counsel for the respondent - Lokayuktha Police and perused the records.

2. This petition is filed under Section 439 Cr.PC, with the following prayer:

'Wherefore, the petitioner most respectfully prays that this Hon'ble Court may be pleased to enlarge the petitioner on regular bail in Crime No.1/2023 of Lokayuktha Police, Kolar, which is pending on the file of the Principal District and Sessions Judge and Special Judge, Chikkamagaluru for the offence punishable under Section 7(a) of Prevention of Corruption Act, in the interest of justice.'

3. Brief facts of the case are as under:

Upon the complaint lodged by the respondent Police that after the death of his father, the Assistant Commissioner has passed an order for regularization of the land stood in the name of his father, to his mother Jayamma. In this regard, he contacted the Village Accountant and Revenue Inspector of Begur Village. They along with surveyor Ravikumar conducted spot inspector and GPS Survey of the said extent. Thereafter, on 17.01.2023, the complainant met surveyor Ravikumar at Begur Nadakacheri and requested for survey sketch for which he has to pay bribe of Rs.5,000/-. Thereafter, the surveyor demanded Rs.4,000/- over mobile phone and the mobile conversation was recorded by the complainant , wherein the accused/petitioner agreed for Rs.3,000/- and lodged a complaint along with the voice record.

4. Thereafter, the accused was trapped in respect of the incident that occurred on 23.01.2023 wherein the accused was caught red handed and tainted currency in a sum of Rs.3,000/- was recovered from the hands of the accused and the same was seized by the head of the raid party. Further, the head of the raid party also took the explanation of the accused on the same day and necessary documents have also been seized from the office of the accused.

5. The petitioner was arrested and produced before the Special Judge, Lokayuktha and remanded to judicial custody.

6. The attempt made by the petitioner to obtain an order of grant of anticipatory bail was turned down by the learned Principal District and Sessions Judge & Special Judge, Chikkamagaluru District, in Crime No.1/2023 by order dated 01.02.2023. Thereafter, the petitioner is before this court.

7. Reiterating the grounds urged in the petition, Sri V.D. Raviraj, learned counsel for the petitioner vehemently contended that continuation of the petitioner in the custody or custodial trial is un-warranted in the case on hand in view of the fact that the tainted currency has already seized from the custody of the accused. He further contended that after lodging of the complaint, the accused has been suspended from service and therefore, he has no access to the documents in his office so as to tamper the same and therefore, the apprehension of the prosecution that the petitioner would tamper the documentary evidence is not available to the prosecution and sought for grant of bail.

8. Per contra, Sri Ashwin S. Halady, learned counsel representing Lokayuktha vehemently opposes the bail grounds by contending that the investigation is in progress and if the petitioner is granted bail, there is every possibility of tampering the investigation and possibility of destroying the documentary evidence, which are incriminating against the petitioner as the petitioner is an influential person and sought for rejection of bail.

9. Perused the material on record meticulously in view of the rival contentions of the parties.

10. On such perusal, it is seen that the accused was trapped and a sum of Rs.3,000/- has been recovered which is the tainted currency notes from the hands of the accused.

11. Colour test conducted by the head of the raid party stood positive and the explanation is also offered by the accused and on the same day, necessary documents have already been collected by the investigating agency from the office of