Case Note & Summary
The petitioner, Sri Gokul L N, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in Crime No.5/2020 registered by the ACB Police Station, Chickballapura, for an offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988. The prosecution case alleged that accused No.1, Vishwanath, a Revenue Inspector, demanded a bribe of Rs.12,00,000 from the complainant, R. Srinivasamurthy @ Babu, who was the representative of one Narayana Murthy, for changing the katha of lands purchased by Narayana Murthy. On 02.06.2020, the tainted money was recovered from the petitioner. The petitioner's counsel argued that the petitioner was totally unconnected with the case and that the money was thrust into his hands without his knowledge, and he was unaware of the demand made by accused No.1. The respondent's counsel objected to bail, submitting that the money was recovered from the petitioner. The court, after hearing both sides, noted that there was no evidence to show that the petitioner demanded or accepted the bribe. The court observed that the petitioner had no criminal antecedents and that the investigation was complete. Considering the facts and circumstances, the court granted bail to the petitioner on certain conditions, including furnishing a personal bond of Rs.1,00,000 with one surety, and not tampering with prosecution witnesses or leaving the jurisdiction without court permission.
Headnote
A) Criminal Law - Bail - Section 439 CrPC - Prevention of Corruption Act, 1988, Section 7(a) - The petitioner was arrested for alleged involvement in a bribe demand by accused No.1, but the court found no prima facie evidence of demand or acceptance by the petitioner, who claimed the money was thrust upon him without knowledge. The court granted bail considering the lack of direct evidence and the petitioner's clean record. (Paras 2-4)
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 CrPC for the offence under Section 7(a) of the Prevention of Corruption Act, 1988, when tainted money was recovered from him but there is no evidence of demand or acceptance of bribe.
Final Decision
The court allowed the petition and granted bail to the petitioner on conditions: furnishing a personal bond of Rs.1,00,000 with one surety, not tampering with prosecution witnesses, and not leaving the jurisdiction without court permission.
Law Points
- Bail under Section 439 CrPC
- Prevention of Corruption Act
- 1988
- Section 7(a)
- Recovery of tainted money
- Presumption of innocence
- Prima facie case
