- 1 - NC: 2025:KHC:7067 CRL.P No. 961 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 961 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. YOGARAJ L S/O LATE NINGAIAH, AGED ABOUT 41 YEARS, ASSISTANT ENGINEER, R/AT # 12/A, SAGARA, 2ND FLOOR, 3RD MAIN ROAD, BANASHANKARI 5TH STAGE, BDA LAYOUT, BIKASIPURA, BENGALURU SOUTH-78. 2. MURALIDHAR N J S/O LATE JAYADEVAPPA, AGED ABOUT 30 YEARS, KOTEGANGOOR VILLAGE, ADIKEMANDI LAYOUT, VIRUPINAKOPPA, SHIVAMOGGA TQ. AND DIST.-577 201. …PETITIONERS (BY SRI. K.N.PHANEENDRA, SR. COUNSEL FOR NETHRAVATHI V., ADVOCATE) AND: STATE BY LOKAYUKTHA POLICE STATION, REPT BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (BY SRI. B.S.PRASAD, SPL. PROSECUTOR) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:7067 CRL.P No. 961 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.1 AND 2 ARE ON BAIL IN CRIME NO.3/2025 REGISTERED BY THE RESPONDENT POLICE KARNATAKA LOKAYUKTA P.S., FOR THE OFFENCE UNDER SECTION 7(a) OF PREVENTION OF CORRUPTION ACT, 1988 (AMENDED ACT 2018) PENDING ON THE FILE OF THE 23RD ADDITIONAL CITY CIVIL AND SESSIONS JUDGE CUM SPECIAL JUDGE, AT BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 483 of BNSS, 2023 is preferred to enlarge the petitioners/accused Nos.1 and 2 on bail in Crime No.3/2025 of Lokayukta Police Station, Bengaluru City, registered for an offence punishable under Section 7(a) of Prevention of Corruption Act, 1988. 2. Heard the learned Senior counsel appearing for petitioners, learned Special Prosecutor appearing for respondent/lokayukta Police and perused the material on record. 3. Brief facts of the case:- the first informant, an electric contractor had obtained contract work to secure - 3 - NC: 2025:KHC:7067 CRL.P No. 961 of 2025 electricity connection to the newly constructed building situated at G.M.Palya, Bengaluru, belonging to one Smt.Bhavya S. He submitted an application on 04.12.2024 at S-17, sub-Division, BESCOM, Murugesh Palya, along with the requisite fee. Relating to the said work, petitioner working as Assistant Engineer informed the first informant that he has conducted inspection of the consumer’s house and since the electricity connection is in respect of a multistoried building, H.T.cable has to be installed and therefore, he may incur an expense to the tune of Rs.15-18 lakhs and hence, he cannot provide electricity connection. Thereafter, the first informant met the AEE, who along with the petitioner/Assistant Engineer conducted an inspection and asked the first informant to come to the sub-Divisional Office. On 06.01.2025 when the first informant met petitioner No.1/Assistant Engineer, he demanded a bribe of Rs.3,00,000/-. 4. Based on the complaint, the Lokayukta Police registered a case on 09.01.2025 and prepared the - 4 - NC: 2025:KHC:7067 CRL.P No. 961 of 2025 entrustment mahazar. Since the trap conducted on 10.01.2025 failed, once again on 15.01.2025, trap was laid. Accused No.2, working as a driver, while receiving the bribe amount on behalf of accused No.1 was apprehended and tainted currency were recovered from his possession. 5. Learned Special Prosecutor has filed statement of objections. He has contended that petitioner/accused No.1 working as Assistant Engineer, has demanded bribe of Rs.3,00,000/- from the first informant to do an official favour and he instructed accused No.2 to receive the said amount and the tainted currency has been recovered from the said accused. He contended that there is recorded telephonic conversation between the accused and the first informant which prima facie show that the petitioner has demanded bribe to do an official favour and subsequently, trap has been successful, wherein tainted currency has been recovered from the possession of accused No.2. He contended that the investigation is in progress. - 5 - NC: 2025:KHC:7067 CRL.P No. 961 of 2025 The phenolphthalein test conducted has been tested positive and the report of FSL as well as the voice recorder to confirm the comparison of the voice test analysis and the report is awaited. He has therefore contended that if at this stage, petitioners are enlarged on bail, they may tamper with the prosecution witnesses and derail the investigation. He has accordingly, sought to dismiss the petition. 6. Learned Senior counsel drawing the attention of the Court to the complaint averments, contended that accused No.1 has informed the complainant that electricity connection to a multistoried building cannot be provided by him and as on the date of lodging the complaint there was no work pending with the said accused. He contended that the entire allegations are false and no amount has been recovered from accused No.1. He further contended that accused No.1 has given explanation during the trap mahazar the circumstances under which the amount was given by the first informant to second accused. He - 6 - NC: 2025:KHC:7067 CRL.P No. 961 of 2025 contended that both the accused are interrogated and they are in judicial custody. They are not required for further interrogation. Investigation is almost concluded. They are ready and willing to abide by conditions which may be imposed. Accordingly, sought to allow the petition and enlarge the petitioners on bail. 7. According to prosecution, to get electricity connection to a multistoried building of one Smt.Bhavya, when the first informant, an electrical contractor, approached accused No.1 working as an Assistant Engineer, he demanded a bribe of Rs.3,00,000/-. Complaint was lodged on 9.1.2025. After preparing the entrustment mahazar, a trap was laid on 10.1.2025. The first informant as well as the shadow witness along with the officials of Lokayukta went to the office of accused No.1, however, on that day, the trap failed. As per mahazar, accused No.1 was not present in the office. Once again, a trap was laid on 15.1.2025. It is alleged that when the informant called accused No.1, he told him - 7 - NC: 2025:KHC:7067 CRL.P No. 961 of 2025 that he should meet accused No.2 and therefore, the informant met accused No.2, working as a driver in the office of accused No.1, who asked him to meet near one Roti Sathkar Hotel. Subsequently, the said accused was apprehended while receiving the bribe amount from the first informant. 8. Prosecution is relying on the conversation which took place between the accused and the first informant as well as mahazars showing recovery of the tainted currency from accused No.2. 9. Learned Sessions Judge, while dismissing the petition has observed that the statements of material witnesses are yet to be recorded by the investigating agency and therefore, possibility of influencing the informant and other witnesses cannot be ruled out. 10. It is submitted that the statements of all the witnesses are recorded. Though, at this stage, it cannot be said that there is no case made out against the petitioners, however, prosecution has to establish its case - 8 - NC: 2025:KHC:7067 CRL.P No. 961 of 2025 against the petitioners in a full fledged trial. Considering that the petitioners are already arrested and interrogated and they are not required for further interrogation, they can be admitted to bail by imposing conditions. Hence, the following: ORDER I. Petition is allowed. II. Petitioners/accused Nos.1 and 2 in Crime No.3/2025 of Karnataka Lokayukta Police Station, Bengaluru City, shall be enlarged on bail, subject to following conditions: 1. They shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees two lakhs only) each, with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. They shall furnish their residential address and shall inform the Court, if there is change in the address. - 9 - NC: 2025:KHC:7067 CRL.P No. 961 of 2025 3. They shall not directly or indirectly tamper with the prosecution witnesses. 4. They shall not indulge themselves in committing any offence. 5. They shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB,TL List No.: 1 Sl No.: 29