Bail granted in corruption case where custodial interrogation was unnecessary and no flight risk was shown.

The petitioner, a police constable working as a Writer at Sulepet Police Station, was accused of demanding a bribe of ₹3,000 from a complainant who was required to report periodically to the police station.

The allegation was that the petitioner threatened the complainant with cancellation of bail and remand to custody if he did not attend as instructed; the amount was allegedly transferred by PhonePe to a third party’s mobile number.

The petitioner sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a Lokayukta Police case alleging an offence under Section 7(a) of the Prevention of Corruption Act, 1988.

The prosecution opposed bail, submitting that the investigation was at an initial stage.

The Court considered Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governing the High Court’s power to grant bail, and the alleged offence under Section 7(a) of the Prevention of Corruption Act, 1988, which carries a term of imprisonment of not less than three years and up to seven years and is triable by the Sessions Court.

It applied the principle that “bail is the rule and jail is an exception” and that pre-trial detention should not operate as punishment; relevant prosecution concerns may be addressed through appropriate bail conditions.

The Court considered the alleged offence and the prosecution’s submission that the investigation was ongoing, but found no special ground warranting continued detention.

It noted that the petitioner had been arrested and remanded, custodial interrogation was not required for further investigation, he had permanent and local residences within the relevant jurisdiction, and no material showed prior similar or other offences.

The Court concluded that the prosecution’s concerns could be met through conditions requiring the petitioner to cooperate with the investigation and refrain from tampering with witnesses or committing further offences.

Bail was subject to conditions, including reporting to the Lokayukta Police on the 1st and 15th of each month until the final report is filed, cooperating with the investigation, appearing before the trial court when directed, not tampering with witnesses or hampering the investigation, and not committing any offence during the pendency of the case.