- 1 - NC: 2025:KHC:12789 CRL.P No. 233 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 233 OF 2022 (482(Cr.PC) / 528(BNSS)) BETWEEN: KESHAVAMURTHY B.M, AGED ABOUT 46 YEARS, S/O BELURAIAH, WORKING AS CIVIL HEAD CONSTABLE, C.S. PURA POLICE STATION, R/O KADABA VILLAGE, KADABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT - 572 219. …PETITIONER (BY SRI. BALASUBRAMANYA B.N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ACB POLICE, TUMAKURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. 2. THIMMEGOWDA @ CHANDRANNA, AGED ABOUT 45 YEARS, S/O THIMMEGOWDA R/O KALENAHALLI MAJARE, CHINDAYYANAPALYA, KASABA HOBLI, GUBBI TALUK TUMKURU - 572 213. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12789 CRL.P No. 233 of 2022 3. LOKAYUKTHA POLICE, M.S. BUILDING, DR. B.R. AMBEDKAR ROAD, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560 001. …RESPONDENTS (BY SRI. B.B. PATIL, SPL.P.P FOR R1) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.16/2021 REGISTERED BY THE 1ST RESPONDENT POLICE FOR THE OFFENCE P/U/S 7A OF P.C ACT NOW THE CASE IS PENDING ON THE FILE OF THE HONBLE VII ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner, arraigned as accused No.2 in Crime No.16/2021 registered by ACB, Tumakuru for the offence punishable under Section 7(A) of Prevention of Corruption Act, 1988 (Amendment Act 2008), has preferred this petition to quash the entire proceedings pending against him. - 3 - NC: 2025:KHC:12789 CRL.P No. 233 of 2022 2. Brief facts of the case are that on 02.11.2021, respondent No.2 lodged a complaint with the ACB Police alleging that he was arrested in connection with Crime No.98/2021 of CS Pura Police Station and his car bearing Reg.No.KA-06-Z-7216 was seized by the Police. Thereafter, he obtained bail and vehicle release order from the Court. On 31.10.2021, when he approached accused No.1, working as a Sub-Inspector requesting him to release the vehicle as per the Court order, the said accused demanded a bribe of Rs.10,000/- and instructed him to approach the petitioner, working as a Civil Head constable in the said Police Station. As per the instructions of accused No.1, when he approached the petitioner, he demanded a bribe of Rs.20,000/- to release the car. 3. After registration of the crime, a trap was laid and accused No.3, a constable working at CS Pura Police Station was caught red handed, while receiving the bait money in a sum of Rs.12,000/-. - 4 - NC: 2025:KHC:12789 CRL.P No. 233 of 2022 4. The learned counsel for petitioner would contend that the ingredients of the offence under Section 7(A) of the Prevention of Corruption Act, 1988, are not made out against the petitioner and therefore, the entire proceedings against him is an abuse of process of law. It is contended that, there is no material to show that petitioner has either demanded or accepted bribe from the complainant and admittedly there was no work pending with the petitioner. He would therefore contend that, petitioner, has to unnecessarily undergo the ordeal of investigation and trial, if this Court does not interfere and quash the proceedings. 5. As per complaint averments, when petitioner demanded a bribe of Rs.20,000/- to release the car, complainant recorded the conversation and produced it before the ACB Police to take necessary action. 6. The investigation is still pending and therefore, it is too premature to hold at this stage, that the petitioner is totally innocent of the offence alleged. Though this - 5 - NC: 2025:KHC:12789 CRL.P No. 233 of 2022 Court finds that there is no any tainted currency notes recovered from the petitioner, it is for the investigating agency to investigate the allegations against the petitioner and to file an appropriate report. If the petitioner is aggrieved by the final report, if any filed against him, it is open for him to challenge the same. With the above observations petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE PK List No.: 1 Sl No.: 9 CT: BHK