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2025 DAILYLAW 17989 (KAR)

NAGARAJAPPA T N @ NAGARAJU v. STATE OF KARNATAKA

CRL.P/2501/2025 · 2025-03-10

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:10032 CRL.P No. 2501 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2501 OF 2025 BETWEEN: NAGARAJAPPA T N @ NAGARAJU S/O NARAYANA SWAMY AGED ABOUT 45 YEARS WORKING AS A GUEST LECTURER GOVT FIRST GRADE COLLAGE YELAHANKA, BANAGALORE - 560 064 RECIDENT OF BASAVESHWESHWRA NAGARA NEAR OVER BETTAHALSUR VILLAGE, BANGALORE NORTH THALUK BANAGALORE - 562 157. …PETITIONER (BY SRI NARAYANASWAMY H.R, ADV.) AND: STATE OF KARNATAKA BY LOKAYUKTA POLICE REPRESENTED BY S.P.P HIGH COURT BULIDING BANGALORE. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP A/W SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.11/2025 OFFENCE UNDERSEC.7(a),7(b),7(A) OF P.C ACT REGISTERED BY LOKAYUKTA POLICE ON THE FILE OF THE HONBLE 23RD ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU SPL.COURT FOR LOKAYUKTA BY ALLOWING THIS PETITION. Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:10032 CRL.P No. 2501 of 2025 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 No.2 in of Crime No.11/2025 registered by Karnataka Lokayuktha Police Station, Bengaluru City for the offences punishable under Sections 7(a), 7(b) & 7(A) of the Prevention of Corruption Act, 1988 (Amendment Act) 2018 is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.11/2025 was registered by Karnataka Lokayuktha Police Station, Bengaluru City for the aforesaid offences against accused Nos.1 and 2, based on the first information received from Sri Mahesh S/o Muniyappa. In the first information dated 03.02.2025 it is averred that, for the purpose of changing entries in the pahani of property bearing survey No.148/p2 measuring 2.08 acres, accused No.1 had demanded a total bribe amount of Rs.10 lakhs and out of the said amount an - 3 - NC: 2025:KHC:10032 CRL.P No. 2501 of 2025 advance amount of Rs.3 lakh was paid and further demand was being made for payment of balance amount of Rs.7 lakhs. The first informant who was not willing to pay the said amount had approached the Lokayuktha police and thereafter FIR was registered against accused Nos.1 and 2 in Crime No.11/2025. In the trap that was held subsequently accused Nos.2 and 3 were caught red handed while receiving bribe amount of Rs.2 laksh from the first informant and subsequently both of them were arrested and remanded to judicial custody. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in Crime.No.11/2025 was dismissed on 07.02.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that the first informant after recording his conversation with accused Nos.1 and 2 had approached the police and based on his information, FIR was registered against accused Nos.1 and 2 for the aforesaid - 4 - NC: 2025:KHC:10032 CRL.P No. 2501 of 2025 offences. In the trap that was held on 03.02.2025, accused Nos.2 and 3 were caught red handed while receiving bribe amount of Rs.2 lakhs on behalf of accused No.1. 6. Learned counsel for the petitioner has brought to the notice of this Court that further proceedings as against accused No.1 has been stayed by the coordinate bench of this Court in W.P.No.4050/2025 and this aspect of the matter is not disputed by the learned counsel for the respondent, who has filed his statement of objections and opposed the prayer made in the petition. 7. The petitioner is not a government servant and he allegedly received bribe amount from the first informant on behalf of accused No.1, who is his friend. Accused No.3 has been granted regular bail by the jurisdictional Court. The petitioner is in custody from 03.02.2025. Major portion of the investigation is already completed. Considering the nature of allegation as against the petitioner, who is not a government servant and also - 5 - NC: 2025:KHC:10032 CRL.P No. 2501 of 2025 taking into consideration that further proceedings as against accused No.1 has been stayed by the coordinate bench of this Court, 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.11/2025 registered by Karnataka Lokayuktha Police Station, Bengaluru City for the offences punishable under Sections 7(a), 7(b) & 7(A) of the Prevention of Corruption Act, 1988 (Amendment Act) 2018, subject to the following conditions: 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 - 6 - NC: 2025:KHC:10032 CRL.P No. 2501 of 2025 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