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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF DECEMBER, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION No.9010/2021

BETWEEN:

MR. SOMASHEKHAR S

S/O LATE SRINIVAS

AGED ABOUT 38 YEARS,

RESIDING AT NO.2143/4

S. RAMESH ROAD, T. DASARAHALLI

BENGALURU-560 057

& PETITIONER

(BY SRI. ARVIND KAMATH, ADVOCATE

FOR SRI. ANAND MUTTALLI, ADVOCATE)

AND:

STATE BY

ANTI-CORRUPTION BUREAU, TUMKUR

REPRESENTED BY SPECIAL PUBLIC PROSECUTOR

HIGH COURT OF KARNATAKA

BENGALURU-560 001

& RESPONDENT

(BY SRI.MAHESH SHETTY, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING

THAT THIS HONBLE COURT MAY BE PLEASED TO ENLARGE THE

PETITIONER ON BAIL IN CR.NO.16/2021 OF ACB POLICE,

TUMAKURU FOR THE OFFENCE P/U/S 7(a) OF P.C ACT.

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS

DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

This petition is filed by the petitioner-accused No.1

under Section 439 of Cr.P.C., for granting bail in Crime

No.16/2021 registered by Anti Corruption Bureau Police

Station, Tumakur, pending on the file of 7^th Additional

Sessions and Special Judge, Tumakuru, for the offence

punishable under Section 7(a) of the Prevention of

Corruption Act, 1988.

2.

Heard the learned counsel for the petitioner and

the Special counsel for the respondent-ACB.

3.

The case of the prosecution is that the

complainant- Timmegowda @ Chandranna has filed a

complaint before the ACB police on 02.11.2021 alleging that

the complaint came to be registered in Cr.No.98/2021 for

having assaulted his wife by the complainant and his father

lodged the complaint in C.S.Pura police station, Tumkur.

After registering the case, the complainant was arrested

and released on station bail and at that time his car bearing

No.KA-06-Z-7216 was seized by C.S.Pura police, therefore,

he applied to the jurisdictional Court and obtained orders for

release of the said vehicle and approached the police for

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releasing of vehicle. On 30.10.2021 when he approached

the petitioner-accused No.1 for releasing the vehicle, being

the PSI of C.S.Pura police station said to have demanded

Rs.10,000/- for releasing the said car and told complainant

to speak to the Head Constable-accused No.2 in that regard

and to pay the money to him and get his car released.

Though he has typed the record of conversation but could

not record the said conversation. Therefore, he went to

accused No.2- Keshav Murthy said to be demanded bribe of

Rs.30,000/-, Rs.10,000/- each and on bargaining he agreed

to Rs.10,000/-. The complainant was not willing to pay the

bribe and therefore, he lodged the complaint and paid

Rs.12,000/-. On 3.11.2021, the complainant was made to

call accused No.3-Nayaz Ahmed being the police constable

came near the circle where the complainant paid the

amount. Accordingly, the trap team set out and accused

No.3 was trapped by recovering Rs.10,000/- from his bag

then accused No.3 was apprehended at 3.30 p.m, on

enquiry of accused No.3, the ACB police have apprehended

the petitioner-accused No.1 and remanded to judicial

custody. The petitioner-accused has moved bail petition

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before the Sessions Judge, which came to be rejected.

Hence, the petitioner-accused is before this Court.

4.

Learned Senior counsel for the petitioner

strenuously contended that the petitioner is innocent of the

alleged offences. Absolutely there is no link between the

receipt of money from accused No.3 by the complainant.

There is no telephonic conversation between accused No.1

and the complainant. There is no demand and acceptance

from the complainant. He has been falsely implicated in the

case. He is ready to abide by any conditions that may be

imposed by this Court. Hence, prayed for granting of bail.

5.

Per contra, learned Special Counsel, ACB,

appearing for respondent seriously objected for granti