Sri Eranna v. State of Karnataka

NC:(2024:KHC:53344( CRL.P(No.(14180(of(2024( ( ( ( ( IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ST DATED THIS THE 31 DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14180 OF 2024 BETWEEN:

SRI. ERANNA, S/O GURUSIDDIAAH, AGED ABOUT 53 YEARS, OCC: ASI, KTJ NAGARA PS, R/O NO. 91/84/141, DCM TOWNSHIP, C BLOCK, DAVANGERE - 577 004. …PETITIONER (BY SRI. SHANKAR P. HEGDE, ADVOCATE)

AND:

STATE OF KARNATAKA BY POLICE INSPECTOR, LOKAYUKTA POLICE STATION, DAVANGERE, REPRESENTED BY SPECIAL PP, HIGH COURT OF KARNATAKA,

BENGALURU - 560 001. …RESPONDENT (BY SRI. B.B. PATIL, ADVOCATE) Digitallytisignedtiby R0HEMALATHA Location:0HIGH THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 COURT0OF BNSS) PRAYING TO EXERCISE POWER U/S 483 OF THE BNSS AND KARNATAKA ENLARGE THE PETITIONER ON BAIL IN KARNATAKA LOKAYUKTA DAVANAGERE P.S. CR.NO.13/2024 DATED 03.12.2024 FOR THE OFFENCE P/U/S 7(a) OF PC ACT PENDING ON THE FILE OF HONBLE PRL.DISTRICT AND SESSIONS JUDGE SPL.JUDGE DAVANAGERE.

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

CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

NC: 2024:KHC:53344 CRL.P No. 14180 of 2024

ORAL ORDER This petition under Section 483 of the BNSS Act, 2023, is filed by the petitioner-accused seeking regular bail in connection with an investigation for the offense punishable under Section 7(a) of the Prevention of Corruption Act, 1988.

¶2The prosecution alleges that the petitioner, working as an Assistant Sub-Inspector of Police, demanded a gratification amount of Rs.50,000/- for deleting the names of the complainant's mother and wife as accused persons in a registered criminal case. Pursuant to a complaint, a trap was organized, during which the petitioner was allegedly caught red-handed while accepting the gratification amount of Rs.50,000/-. The petitioner has been in judicial custody since 03.12.2024. The Investigating Officer has completed the seizure of all incriminating materials during the investigation, and the petitioner is not required for further interrogation.

¶3Heard the learned counsel for the petitioner and the learned counsel for the respondent.

¶4Considering the facts and circumstances of the case, including the completion of the investigation, the absence of any requirement for further interrogation, and the judicial custody of the petitioner since 03.12.2024, a prima facie case is made out for granting regular bail to the petitioner.

NC: 2024:KHC:53344 CRL.P No. 14180 of 2024

¶5The petitioner - accused is enlarged on bail in Crime No.13/2024 registered by the Karnataka Lokayukta Davangere police station, Davangere for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 on the file of the Principal District and Sessions Judge, Special Judge, Davangere, subject to the following conditions:

(i) Petitioner shall furnish a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the Trial Court;

(ii) He shall not threaten witnesses in whatsoever manner;

(iii) He shall not get involved in similar offences;

(iv) He shall not leave the territorial limits without permission of the jurisdictional Court.

Registry is directed to communicate this order to the Trial Court through e-mail.

Sd/- (HEMANT CHANDANGOUDAR) JUDGE

MH/-