Karnataka High Court Denies Bail To Former Bengaluru Urban Dy Commissioner In Corruption Case

The Karnataka High Court on Wednesday dismissed the bail petition filed by IAS Officer J Manjunath, who has been arrested by the Anti Corruption Bureau (ACB) in a bribery case.

A single judge bench of Justice K. Natrajan dismissed the petition. Manjunath was the former Bengaluru Deputy Urban Commissioner, who was arrested by the ACB following certaincritical remarks made by Justice H P Sandesh, while hearing a bail application filed by a co-accused in the case.

It was submitted that the petitioner is innocent and has been falsely implicated in the crime for extraneous reasons. Manjunath has approached the High Court following rejection of his bail application by the special court vide order dated July 11.

It was averred that the allegations made against the petitioner are absurd and inherently improbable, vague and lack material evidence. The plea also gives details of the various posts held by Manjunath in different government departments and the nature of responsibilities shouldered by him.

Senior Advocate H S Chandramouli appearing for the petitioner had submitted,

"It appears, on the face of it, that at the instance of certain external/extortion agencies, and based on the observation made by the High Court in the bail petition of accused number 2, the investigating officer has implicated the petitioner falsely but submitting an additional report, which is absurd, unjust and without jurisdiction."

The plea also said that merely because the case is pending for the orders of the DC, does not in any manner pave for an inference to be drawn as regards the involvement of the petitioner in the crime. Moreover, it is clear from the records that petitioner has neither demanded nor accepted any illegal gratification to do any official favour. There was no allegation in the FIR against him and he is not involved in the alleged transaction.

Advocate Manmohan P N appearing for the ACB had opposed the plea on the grounds that investigation was still on.

Background:

Justice Sandesh had made scathing remarks against the ACB with respect to its investigation in the bribery case against the office of the Deputy Urban Commissioner. He had recorded in his order that an indirect threat of transfer was given to him by a sitting High Court judge for passing orders against the head of ACB, Seemanth Kumar Singh ADGP.

The revelation was made while hearing a bail application filed by one accused PS Mahesh, a deputy Tashildar arrested for allegedly accepting a bribe of Rs. 5 lakh in connection with giving a favourable order from the DC office on a land dispute case. Later, on a plea moved by Manjunath and Singh before the Supreme Court, the High Court's order calling for service records of the officers came to be stayed by the Supreme Court.

Case Title: J MANJUNATH v THE STATE OF KARNATAKA

Case No: CRL.P 6578/2022

Citation: 2022 LiveLaw (kar) 302

Date of Order: August 3, 2022

Appearance: Senior Advocate HS Chandramouli for Advocate Prateek Chandramouli and Advocate Keerthana Nagaraj for petitioners

Advocate Manmohan P N for respondent