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Judgment
K Sreenivasa Reddy, J
This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/Accused, seeking regular bail, in Crime No.03/RCT-ATP of 2022 of Anti Corruption Bureau, Anantapuramu Range, Anantapuramu District.
A case has been registered against the petitioner herein for the offence punishable under Section 7 of the Prevention of Corruption (Amendment) Act, 2018.
Brief facts of the case are that, on 22.09.2022 at 14.00 hours, at the office of the Municipal Commissioner, Hindupur Municipality, the Accused Officer was caught red handed, by the Anti Corruption Bureau officials, while he was demanding and accepting bribe amount of Rs.15,000/- from the de facto complainant for processing his property tax assessment application.
Heard. Perused the record.
Learned counsel for the petitioner submitted that the petitioner was arrested on 22.09.2022 and since then he is in jail. It is also submitted that during search of his house, conducted by the official respondents, certain documents pertaining to the case were seized, statement of complainant under Section 164 Cr.P.C. was recorded, witnesses were examined and investigation is completed. It is further submitted that the petitioner is a physically handicapped person and suffering from diabetes. Hence, prayed to consider this bail application.
On the other hand, learned Standing Counsel for Anti Corruption Bureau submits that some more witnesses are to be examined and if the petitioner is enlarged on bail, he may not co-operate with the investigation.
Since the petitioner is in judicial custody since 22.09.2022 and statement of complainant under Section 164 Cr.P.C. is already recorded by the official respondents and substantial part of the investigation is already completed, detaining the petitioner in judicial custody will be of no help to the prosecution.
In view of the aforesaid facts and circumstances of the case, the petitioner can be released on bail, however, on the following conditions:
(i) The petitioner/Accused shall be released on bail on his executing a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of the like sum each to the satisfaction of the learned Special Judge for Trial of SPE & ACB Cases, Kurnool, Kurnool District;
(ii) The petitioner/Accused shall report before the Station House Officer concerned once in a week i.e on every Sunday, till filing of the charge sheet; and
(iii) The petitioner shall not tamper with the evidence and he shall co-operate with the investigation.
Accordingly, the Criminal Petition is allowed.
Miscellaneous applications, pending if any, shall stand closed.