THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (U/S482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CR.NO.5/2025 OF LOKAYUKTHA POLICE, TUMAKURU, FOR THE OFFENCE P/U/S 7(a) OF P.C ACT, 1988 (AMENDED IN 2018) UNDER SETIONS 238(c), 256, 340(2), 61(2) OF BNS, 2023, PENDING BEFORE THE HONBLE 7th ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU AND THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, TUMAKURU HAS REJECTED THE BAIL PETITION ON 09.02.2026 IN CRL.MISC.NO.141/2026 AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

The petitioner/accused No.5 is before this Court seeking anticipatory bail in Crime No.5/2025 filed by the respondent/Lokayukta for the offences punishable under Sections 7(a) of the Prevention of Corruption Act, 1988 (as amended in 2018) and Sections 238( c), 256, 340(2), 61(2) of Bharatiya Nyaya Sanhita (BNS), 2023 pending on the file of the learned 7th Additional District and Sessions Judge, Tumakuru.

The brief facts of the case: A complaint came to be registered by Ravish Y. T.stating that he was working as the President of Vyavasaya Matthu Taluku Meenugarara Sahakara Sangha Niyamitha, Yaliyuru village, Shira Taluk. It is stated that due to some unavoidable circumstances, the said Society was not functioning properly. Therefore, the respective Assistant Registrar of Co-operative Societies and also Registrar of Co-operative Societies directed him to furnish certain documents relating to the said Society on 28.02.2022. However, he could not produce those documents as directed to him.

The term of office expired on 28th July, 2023. In the month of March, 2024, in view of the Lok-sabha elections, they could not conduct elections. Therefore, the Administrator was appointed to manage its affairs. In the meantime, the bank account of the Society was frozen. The complainant and other office bearers approached the concerned authorities with a request to defreeze the account to enable the smooth functioning and administration of the Society.

It is alleged that on 06.06.2025 at about 12:15 p.m., while working in the office of the Assistant Registrar of Co-operative Societies, FDA - Sri.Raghavendra contacted the complainant over the phone and demanded a sum of Rs. 70,000/- for defreezing the Society’s bank account. As the complainant was not in a position to pay such a huge amount, he refused to comply with the demand. Subsequently, the demand was reduced to Rs.20,000/-. Since the complainant was unwilling to pay the said amount, he stated that he would lodge a complaint before the Lokayukta Police by furnishing proper evidence, which has been recorded on his mobile phone. Thereafter the respondent/Lokayukta police have registered a case. and conducted an investigation. The investigation is under progress.

The learned counsel for the petitioner submits that accused No.5, the petitioner herein, is working as the Managing Director of DCC Bank Ltd., Tumakuru District, and he has been falsely implicated in the present case. It is contended that the allegations are levelled against the F.D.A. working in the office of the Assistant Registrar of Co-operative Societies.

The submission of the learned counsel for the petitioner is that the initial complaint was lodged only against accused Nos.1 and 2. However, at a later stage, the name of the present petitioner has been subsequently included in the remand application without any overt-acts attributed against him. The petitioner is having reasonable apprehension of his arrest.

It is further submitted that the allegations made against the petitioner are insufficient to implicate him in the present case. No overt-act has been attributed to him, and the ingredients of the alleged offences are not made out insofar as the petitioner is concerned. Therefore, he may be enlarged on bail