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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.06/RCO-KUR/2022 of ACB Police Station, Kurnool Range, Kurnool.
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 27.04.2022 and 28.04.2022 surprise checks were conducted by the Inspector of Police, ACB, Kurnool Range, Kurnool, in the office of the Sub-Registrar, Kallur in the presence of mediators and found unaccounted amount to a tune of Rs.59,300/- at different places in the office and when the police questioned the petitioner herein, who is Sub Registrar, and his staff about the said unaccounted cash, they remained silent, and thereby it was deemed to be illegal amount collected from the parties who came to Sub-Registrar’s office for registrations and obtaining Encumbrance Certificates etc.
Heard. Perused the record.
Learned counsel for the petitioner submitted that there is absolutely no accusation with regard to demand and acceptance by the petitioner.
The accusation as against the petitioner is that certain amounts have been recovered from the office of the petitioner. As seen from the counter affidavit filed by the learned Standing Counsel for ACB-cum-Special Public Prosecutor, certain unaccounted amounts to a tune of Rs.59,300/- have been recovered from the staff of the petitioner herein. It is also alleged that unaccounted amount of Rs.40,100/- has been seized from the Record Room of the petitioner’s office.
It is represented by the learned Special Public Prosecutor that on 29.04.2022, one S.Md. Usman has stated that the petitioner herein has demanded and accepted bribe amount of Rs.10,000/- on 27.04.2022.
There is no reason as to why the said witness has not come out with the said version on earlier point of time. At a belated stage, he came up with the said version. Petitioner was arrested on 07.11.2022 and since then he is in judicial remand. Since major portion of the investigation is completed, petitioner can be released on bail, however, on certain conditions.
Accordingly, the Criminal Petition is allowed. The petitioner herein shall be released on bail on his executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like sum each to the satisfaction of the learned Special Judge for trial of SPE and ACB Cases, at Kurnool.
Petitioner shall cooperate with the Investigating Officer and shall not hamper the investigation, including recording of statements of witnesses under Section 164 Cr.P.C.
Petitioner shall appear before the Station House Officer concerned once in a week i.e., on every Sunday between 10.00 AM and 1.00 PM till filing of the charge sheet.