Facts of the Case

This order has no connection to GST law. The petitioner, Sri Deepak, a government servant, was an accused (Accused No. 1) in Spl.C.C. No. 01/2022 arising out of Crime No. 340/2021 registered at Dharwad Sub-urban Police Station, charged under Sections 120(B), 403, 409, 465, 468, 471, 201, 204 read with Section 34 and 37 of the Indian Penal Code, along with Sections 7A, 7(1)(A) read with Section 13(2) of the Prevention of Corruption Act, 1988. He sought regular bail under Section 439 of the Code of Criminal Procedure, having already been in judicial custody for close to two years while the trial had not yet commenced.

Issues Involved

  1. Whether the petitioner was entitled to regular bail given the length of custody and the fact that trial had not commenced.

Petitioner's Arguments

  • The petitioner has minor children aged 9 and 5 years, and the offences, being punishable with imprisonment up to 7 years, warrant bail as per settled Supreme Court precedent.
  • The trial had not begun even though the petitioner had already spent almost two years in judicial custody.

Respondent's Arguments

  • The investigation is still ongoing and the police require further time; several articles connected to the case have already been seized.

Court Order / Findings

  • The Court noted that with the trial yet to begin and nearly two years of custody already undergone, no prejudice would be caused to the prosecution by granting bail.
  • Regular bail was granted subject to conditions, including a personal bond of Rs. 5 lakh with two sureties, restrictions on entering the concerned office, non-tampering with witnesses, cooperation with the investigating officer, and periodic reporting to the investigating officer.

Important Clarification

There is no GST-related takeaway from this order — it is a routine bail order decided purely on custody-duration and delay-in-trial grounds under general criminal law and anti-corruption legislation.

Sections Involved

  • Indian Penal Code, 1860 — Sections 120(B), 403, 409, 465, 468, 471, 201, 204, 34, 37
  • Prevention of Corruption Act, 1988 — Sections 7A, 7(1)(A), 13(2)
  • Code of Criminal Procedure, 1973 — Section 439

Decision – In Favour of

Decided in favour of the Petitioner/Accused — regular bail was granted, subject to conditions.

Case Details

Court: High Court of Karnataka, Dharwad Bench
Case No.: Criminal Petition No. 101849 of 2023
Coram: Hon'ble Mr. Justice K. Natarajan
Date of Order: 7 September 2023

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