MESARAGANDDA VENU GOPAL RAJU vs THE STATE OF ANDHRA PRADESH

HON’BLE SRI JUSTICE K.

SREENIVASA REDDY CRIMINAL PETITION NO.3026 of 2023 ORDER: This Criminal Petition, under Sections 437 and 439 of Cr.P.C., has been filed by the petitioner/A-1, seeking regular bail, in Crime No.3/RCT-KUR/2023 of ACB Kurnool, Kurnool Range.

2.

A case has been registered against the petitioner herein and others for the offences punishable under Sections 7 and 12 of Prevention of Corruption (Amendment) Act, 2018.

3.

The case of the prosecution is that the defacto complainant’s son is having an extent of Ac.

5.30 cents, and adjacent to the said land, there are lands of N.

Venkata Ramana and others.

In order to get electric connection to four bore wells and one bore with motor and to provide water facility to said agricultural lands, he met AE, APSPDCL, Pamulapadu and applied for electrical service connection.

The defacto complainant met the petitioner, who was appointed as AE to Pamulapadu Mandal.

On 27.02.2023 defacto complainant paid an amount of Rs.1,01,721/- through challan and the petitioner processed the work of electrical connection by fixing poles, extracted wires from transformer and then petitioner demanded Rs.70,000/- and defacto complainant paid Rs.10,000/- two times and requested 2 petitioner to put charging to the transformers and connection to motors, but petitioner did not do so.

On 01.04.2023 when, defacto complainant called petitioner for supply of electrical connection, petitioner reiterated his earlier demand of balance of Rs.

50,000/-.

Since defacto complainant is not inclined to pay the bribe amount, he lodged a complaint with ACB, Kurnool Range on 01.04.2023.

Basing on the complaint, a trap was laid on 03.04.2023 and claimed that petitioner was caught red handed while demanding and accepting bribe amount of Rs.50,000/- through A.2. rough A.2.

In connection with the above crime the ACB Authorities conducted a search and seizure proceedings in residential premises of the petitioner and conducted an inventory proceedings, arrested the petitioner and sent him to judicial custody on 04.04.2023.

4.

Heard.

Perused the record.

5.

The petitioner herein was arrested on 04.04.2023 and since then, he is languishing in jail.

A counter has been filed by the learned Public Prosecutor for ACB, stating that the statement of complainant was recorded under Section 164 of Cr.P.C and major portion of investigation has been completed.

6.

After perusal of the record, this Court is of the opinion that detaining the petitioner would not in any improve the case of the prosecution.

In view of the aforesaid facts and circumstances of the case, this Court 3 is inclined to grant bail to the petitioner herein, on the following conditions. (i) The petitioner herein shall be released on bail on his executing a personal bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned court of the Special Judge for Trial of SPE & ACB Cases at Kurnool. (ii) On release, the petitioner shall appear before the Station House Officer concerned once in a week i.e. on every Friday between 10.00 a.m. and 01.00 p.m., till filing of the charge sheet.

7.

Accordingly, the Criminal Petition is allowed. ____________________________ K.

SREENIVASA REDDY, J Dated: 02.05.2023 KK/Ans 4 HON’BLE SRI JUSTICE K.

SREENIVASA REDDY CRIMINAL PETITION NO.3026 OF 2023 Dated: 02.05.2023 KK/Ans