Kasarla Raj Kumar v. The State Of Telangana

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.9692 of 2021 O R D E R:

This Criminal Petition under Sections 437 and 439 Cr.P.C. is filed by petitioner - Accused Officer in Cr.No.08/ACB-KNR/2021 of ACB, Karimnagar Range, registered for the offence punishable under Section 7 (a) of Prevention of Corruption Act, 1988. 2.

A report was given by the defacto complainant stating that on 20.07.2020 he applied for sanction of Electrical Transformer in his land by submitting his application in mee-seva and in the month of June, 2021 even though poles were erected, so far transformer is not fixed. On 26.10.2021 he went to Sub-Station, Bittupalli and met the petitioner, who is working as Additional Assistant Engineer and requested him for erecting transformer and the petitioner demanded Rs.25,000/- as bribe and unless the bribe amount is paid, transformer will not be erected. Basing on the said complaint, the present crime was registered. 3.

Heard Sri C.Hari Preeth, learned counsel for petitioner and learned Assistant Public Prosecutor for respondent-State. 4.

Learned counsel for the petitioner submits that petitioner is alleged to have committed the offence punishable under Section 7 (a) of Prevention of Corruption Act, 1988 and he was arrested on 06.11.2021 and from the last 52 days, he is languishing in jail. He submits that petitioner has been falsely implicated in this case and even as per the second mediators report, on the face of it, it appear that the allegations against the petitioner is improbable and

unnatural. He submits that preparation of second mediators report shows that entire investigation is completed and as the petitioner is languishing in jail from the last 52 days, his case may be considered for grant of bail.

5.

Per contra, learned Special Public Prosecutor for TS ACB appearing on behalf of respondent submits that petitioner has confessed before the police that he demanded Rs.20,000/- from the complainant and as the investigation is pending, petitioner is not entitled for bail. He further submits that statement of complainant has already been recorded.

6.

Taking into consideration the fact that petitioner is languishing in jail from the last 52 days and already statement of complainant was recorded, this Court deems it appropriate to enlarge the petitioner on bail.

7.

Accordingly, this Criminal Petition is allowed. PetitionerAccused Officer shall be enlarged on bail in connection with Cr.No.08/ACB-KNR/2021 of ACB, Karimnagar Range on his executing a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) with two sureties for a like sum each to the satisfaction of the Special Judge for SPE & ACB Cases at Karimnagar. The petitioner shall appear before the investigating officer twice in a month between 10.00 a.m. and 12.00 p.m. till filing of charge sheet.

___________________________ LALITHA KANNEGANTI, J 28th December 2021 PVD

HON'BLE SMT. JUSTICE LALITHA KANNEGANTI Allowed CRIMINAL PETITION No.9692 of 2021 28th December, 2021 PVD