K. MADAL VIRUPAKSHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner-accused No.1 under Sec. 438 of Cr.P.C., for granting anticipatory bail in Crime No.13/2023 of Lokayukta Police, Bengaluru and for the offences punishable under Ss. 7(a)(b), 7(A), 8, 9 and 10 of Prevention of Corruption Act.

(2.) Heard the arguments of learned Senior counsel for the petitioner and learned Senior Counsel appearing for respondent.

(3.) The case of prosecution is that on the complaint of one Shreyas Kashyap, S/o. B.S. Gururaj, the police have registered FIR against accused No.1-the present petitioner and his son-accused No.2 and others. It is alleged by the defacto complainant, in his complaint, that he is the partner of the company called Chemixil Corporation and his known person T.A.S. Murthy, who is said to be running a partnership firm in the name of M.S. Delicia Chemicals. They participated in the tender proceedings for procurement of chemical oil to be supplied to Karnataka Soaps And Detergent Limited (hereinafter referred to as 'KSDL') and they are the successful bidders. For the smooth supply of chemicals and chemical oils, they received procurement of raw materials. The accused said to have demanded Rs.81.00 lakhs as bribe and the petitioner-accused No.1 said to be informed the complainant to contact his son-accused No.2. The complainant, not willing to pay bribe amount, lodged a complaint to Lokayukta police. In turn, the said Lokayukta police set up trap and sent Rs.40.00 lakhs with the complainant. At the time of accepting the bribe amount, accused No.2 was caught red hand and trapped by the Lokayukta police and they seized the bribe amount and arrested accused No.2 and arrested accused No.2. It is also alleged in the complaint that, at the time of incident, some other persons were also present. The police seized Rs.45.00 lakhs each from accused Nos.3 and 4 under trap panchanama in the presence of panchas. Accused No.2 and other accused persons were arrested and they were remanded to judicial custody. The name of the petitioner-accused No.1 has been appeared in the FIR. Hence, he had apprehension of arrest in the hands of police. Therefore, he approached this Court for the grant of anticipatory bail and he also filed an interim application under Sec. 438(1) of Cr.P.C., where this Court granted interim anticipatory bail on 7/3/2023 until disposal of this petition and this Court called for statement objections and documents from the Lokayukta police. Accordingly, they have produced the case diary before the Court in a sealed cover.