IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 17th DAY OF MARCH, 2011 BEFORE THE HON’BLE MR. JUSTICE V. JAGANNATHAN CRIMINAL PETITION NO.10400/2011 BETWEEN: Channappa SI Rudrappa Bellary Age: 57 years, 0cc: Service R/o. Executive Engineers Quarters Behind D.C. Compound Vishweshwaravvanagar Belgaum. PETITIONER (By Sri. K. L. Patil, Adv.) AND: The State of Karnataka By Lokavukta Police Represented by Lokayukta P P RESPONDENT (By Sri. M. B. Gundwade, Adv.) THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON REGULAR BAIL iN CONNECTION WITH DHARWAD LOKAYUKTA P.S CRIME NO.03/2011, WHICH IS REGISTERED FOR THE OFFENCES P/U/S. 7, 13(1)(D) R/W 13(2) OF PREVENTION OF CORRUPTION ACT. THiS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Heard the petitioner’s Counsel Sri. K. L. Patil and Sri. M. B. Gundawade for the respondent-Lokayukta in respect of the bail sought by the petitioner tho is accused of having committed the offences punishable under Section 7, 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988. 2. The prosecution allegation in short is that, this petitioner working as Executive Engineer in the P.W.D at Belgaum demanded Rs.5,25,000/- as bribe amount and agreed to take Rs.3,00,000/- for releasing Rs.30,00,000/- to the complainant, as complainant has taken a contract work of P.W.D, Belgaum Division to the tune of Rs. 1 crore 22 lakhs. The accused was trapped while taking the bribe amount of Rs.3,00,000/—. 3. Submission of the petitioner’s Counsel is that, the petitioner is suffering from heart ailment and he is working at Belgaum and any conditions be imposed on the petitioner for granting bail and he would abide by that conditions. 4. On the other hand, submission of Sri. M. B. Gundawade, learned Counsel for the respondent is that, the petitioner has taken a bribe of Rs.3,00,000/- which is a huge amount and one more case is also registered against the petitioner in Crime No.3/2008 of Haven Lokayukta police under Section 13(1) (e) of the Prevention of Corruption Act. 4 5. Having thus heard both sides and taking note of the offences alleged and the punishment prescribed for the said offences and the petitioner also working as Executive Engineer in PWD, likelihood of the petitioner absconding will not be there and as far as tampering of evidence is concerned, conditions can be put on the petitioner in this regard, while granting bail. 6. In the result the bail petition is allowed subject to the following conditions. 1. The petitioner shall be released on bail on executing a personal bond for Rs.50,000/- with two sureties for the likesum to the satisfaction of the trial court. 2. He shall not tamper with the prosecution evidence and shall not give threat to the complainant in any manner and shall not do anything which would effect the prosecution case. 5 3. He shall mark attendance before the jurisdictional police station on every Saturday between 10.00 a.m and 5.00 p.m. 4. If any of the bail conditions are violated, bail will be cancelled at the request of the prosecution. Sd! JUDGE gab/