demanding and accepting of bribe by his personal assistant

2022(6) Kar. L.J. 144
IN THE HIGH COURT OF KARNATAKA AT BENGALURU

J. MANJUNATH
VERSES
STATE OF KARNATAKA BY THE ACB DEPUTY S.P.-II,

BENGALURU

(A) PREVENTION OF CORRUPTION ACT, 1988, Section 7(a) - Code of Criminal Procedure, 1973, Section 439 - Application for bail -Alleged demand for bribe, by petitioner-a Deputy Commissioner, who is an authority required to pass necessary orders on facts of the case Admittedly, the draft order was prepared by petitioner and kept ready for more than 1 months, without signing the same, but has given the order in the hands of accused 1 In turn, accused 1 has demanded the bribe, for passing order by petitioner - Ultimately, accused 1 instigated accused 2 to receive bribe amount and received by him at the time trap was held - There is prima facie record placed on record by respondent 2-ACB, against the petitioner for having committed the offence and his involvement in demanding and accepting of bribe by his personal assistant and henchman Therefore, contention that petitioner is not involved in commission of the offence under Section 7(a) of the PC Act and that he has no role in Commissioner of the offence, held, not sustainable in law - Pending investigation, not entitled for bail. (paras 1, 3, 7, 8 and 9)

(B) PREVENTION OF CORRUPTION ACT, 1988, Section 7(a) - Rampant corruption in the Revenue Department Requirement of taking serious action against.