Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:9194 CRL.P No. 1433 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1433 OF 2025 BETWEEN:
MR. VENKATESH S/O LATE VENKATAPPA AGED ABOUT 41 YEARS R/O 89 5TH CROSS VAISHYA BANK COLONY SHANTHINIKETAN LAYOUT ARKER BANNERGHATTA ROAD BENGALURU - 560 076 FDA, OFFICE OF THE COMMISSIONER REGIONAL TRANSPORT DEPARTMENT SHANTHINAGARA BENGALURU. …PETITIONER (BY SRI BHARATH KUMAR V, ADV.) AND:
STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER, KARNATAKA LOKAYUKTA POLICE STATION, BENGLARUU CITY DIVIISON, BENGALURU - 5670 001 REPRESENTED BY SPL. PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 01. …RESPONDENT (BY SRI LETHIF B, ADV.)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER HEREIN ON BAIL IN RESPECT OF MATTER BEARING FIR/CRIME NO.6/2025, REGISTERED WITH THE KARNATAKA LOKAYUKTHA POLICE STATION PENDING ON THE FILE OF THE HONBLE XXIII ADDL. CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE (P.C.ACT), BENGALURU WHEREIN THE
Digitally signed by NANDINI MS Location: High Court of Karnataka
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NC: 2025:KHC:9194 CRL.P No. 1433 of 2025
PETITIONER HEREIN HAS BEEN ARRAIGNED AS ACCUSED FOR ALLEGED OFFENCE U/S.7(a) AND (b) OF THE PREVENTION OF CORRUPTION ACT 1988(AMENDMENT ACT)2018.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Crime No.6/2025 registered by Karnataka Lokayukta Police Station, Bengaluru City for the offences punishable under Sections 7(a) & (b) of the Prevention of Corruption Act, 1988 (Amendment Act) 2018 is before this Court under Section 483 of BNSS, 2023 seeking regular bail.
2. Heard the learned counsel appearing for the petitioner and learned counsel for the respondent, who has filed statement of objection.
3. FIR in Crime No.6/2025 was registered for the aforesaid offences against the petitioner herein, based on the first information dated 10.01.2025 received from Arbaz Khan S/o Ayub Khan. In a trap that was subsequently held on 10.01.2025, the petitioner herein
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NC: 2025:KHC:9194 CRL.P No. 1433 of 2025
was allegedly caught red handed while receiving bribe amount of Rs.35,100/- from the defacto complainant. Thereafter, the bribe money was recovered from the petitioner and subjected to panchanama and apprehended accused was arrested and produced before the Court and remanded to judicial custody. The bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.429/2025 was dismissed on
23.01.2025. Therefore, he is before this Court.
4.
Learned counsel appearing for the petitioner submits that the petitioner is a government servant and there cannot be any apprehension that he is likely to flee away from justice. Major portion of the investigation is complete. The maximum punishment for the alleged offences is imprisonment for a period of seven years. Accordingly, he prays to allow the petition.
5.
Learned counsel for the respondent, who has filed statement of objection has opposed the petition. He submits that the petitioner has received huge amount of
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NC: 2025:KHC:9194 CRL.P No. 1433 of 2025
bribe and he was caught red handed in the trap that was held subsequent to registration of FIR. Investigation of the case is under progress. Accordingly, he prays to dismiss the petition.
6. The material on record would go to show that the petitioner herein who was working in the office of regional transport department as a first division assistant had allegedly made a demand for payment of Rs.35,000/- for renewal of goods carriage permit and the defacto complainant, who did not intend to pay bribe amount, after recording the conversation with the petitioner had approached the Loakyukta police and submitted a first information, based on which FIR in Crime No.6/2025 was registered against the petitioner. In the trap that was laid thereafter, the petitioner was allegedly caught red handed while receiving bribe amount of Rs.35,100/- from the defacto complainant and additional amount of Rs.53,000/- was also seized from the possession of the petitioner at the time of trap.
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NC: 2025:KHC:9194 CRL.P No. 1433 of 2025
7. The petitioner is a government servant and therefore there cannot be any apprehension that he is likely to flee away from justice. He has been arrested in the present case on 10.01.2025 and ever since then he is in custody. Major portion of the investigation is already complete and only report from FSL is awaited. The maximum punishment for the alleged offence is imprisonment for a period of seven years. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.
8. Accordingly, the following:
ORDER The petitioner is directed to be enlarged on bail in Crime No.6/2025 registered by Karnataka Lokayukta Police Station, Bengaluru City for the offences punishable under Sections 7(a) & (b) of the Prevention of Corruption Act, 1988 (Amendment Act) 2018, subject to the following conditions:
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NC: 2025:KHC:9194 CRL.P No. 1433 of 2025
a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future;
Sd/- (S VISHWAJITH SHETTY) JUDGE
NMS