High CourtsSingle Bench(2020) 04 KAR CK 0059

Mallayya vs State Of Karnataka

Karnataka High Court · Decided on 30 April 2020

HON’BLE JUDGES
K.S. Mudagal, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 2197 Of 2020

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Judgment

16 paragraphs · 259 words

K.S. Mudagal, J

1.

Sri Jeevan J.Neeralgi, learned Special Public Prosecutor accepts notice for the respondent.

2.

Heard. Petitioner is accused No.1 in Crime No.5/2020 of Anti Corruption Bureau police station, Vijayapura registered for the offences punishable

under Sections 7(a), (b) and (c) of the Prevention of Corruption Act, 1988.

3.

It is alleged that the petitioner and accused No.2 being Accounts Superintendent and Assistant Executive Engineer respectively in Karnataka Urban

Water Supply and Drainage Board, Vijayapur to clear the pending bills of the complainant a contractor demanded illegal gratification. It is alleged that

in a trap both the accused were apprehended while receiving the illegal gratification and that was recovered from them.

4.

Incriminating material is already recovered. The maximum punishment prescribed for the offence is imprisonment upto seven years. Petitioner is in

judicial custody since 12.03.2020. This Court in Criminal Petition No.2183/2020 has granted bail to accused No.2 on 28.04.2020. Principle of parity

applies to the petitioner. Therefore, it is a fit case to grant bail to the petitioner. The petition is allowed.

The petitioner is granted bail in Crime No.5/2020 of Anti Corruption Bureau Police Station, Vijayapur subject to the following conditions:

(i) Petitioner shall execute personal bond in a sum of Rs.50,000/-(Rupees Fifty Thousand only) and furnish two sureties each in the like sum to the

satisfaction of the trial Court.

(ii) Petitioner shall appear before the Court as and when required for the trial.

(iii) Petitioner shall not tamper the prosecution witnesses in any manner.

Registry shall communicate this order to the jurisdictional Court.