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2025 DAILYLAW 18911 (KAR)

MANOHAR URS S K v. STATE OF KARNATAKA

CRL.P/2853/2025 · 2025-03-12

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:10517 CRL.P No. 2853 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2853 OF 2025 BETWEEN: 1. MANOHAR URS S.K S/O KRISHNARAJE URS AGED ABOUT 40 YEARS VICE PRESIDENT, SHETTAHALLI GRAMA PANCHAYATH RESIDENT OF SHETTHALLI VILLAGE AND POST, KIRUVAGILU HOBLI MALAVALLI TALUK MANDYA DIST - 571 430. 2. SHEKAR N S/O NANJUNDASWAMY AGED ABOUT 40 YEARS RESIDING OF SHETTIHALLI VILLAGE AND POST KIRUVAGILU HOBLI MALAVALLI TALUK MANDYA DISTRICT - 571 430. …PETITIONERS (BY MS. LENITA MATHIAS, ADV., FOR SRI P. PRITHVI KIRAN SETTY, ADV.) AND: STATE OF KARNATAKA BY LOKAYUKTA POLICE STATION MANDYA DISTRICT - 571 430 REPRESENTED BY SPL.PP HIGH COURT OF KARNATAKA BANGALORE - 560 001. …RESPONDENT (BY SRI K. PRASANNA SHETTY, ADV.) Digitally signed by NANDINI D Location: High Court of Karnataka - 2 - NC: 2025:KHC:10517 CRL.P No. 2853 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO DIRECT HIS ENLARGMENT ON BAIL IN RELATION TO THE CASE IN CR.NO.03/2025 OF THE LOKAYUKTA POLICE STATION, MANDYA FOR THE OFFENCES P/U/S 7(a) OF THE PREVENTION OF CORRUPTION ACT, 1988 (AMENDMENT ACT-2018) PENDING ON THE FILE OF THE HONBLE PRL. DISTRICT AND SESSIONS JUDGE, MANDYA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1 and 2 in Crime No.3/2025 registered by Karnataka Lokayuktha Police, Mandya, for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 (Amendment Act, 2018), are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.3/2025 was registered by Karnataka Lokayuktha Police, Mandya, against petitioners herein for the aforesaid offences based on the complaint received from M. B. Shankara, S/o late M. B. Basavarajappa. In the trap that was held subsequently on 06.02.2025, accused Nos.1 and 2 were allegedly caught red handed while receiving bribe amount of Rs.1 lakh from defacto complainant and thereafter, bribe amount was seized and accused, who were arrested were - 3 - NC: 2025:KHC:10517 CRL.P No. 2853 of 2025 produced before the jurisdictional Court and remanded to judicial custody. Bail application filed by them in Crime No.3/2025 before the jurisdictional Sessions Court was rejected on 22.02.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petition has prayed to allow the petition. 5. Per contra, learned counsel for the respondent, who has filed statement of objections has opposed the petition. He submits that huge amount of bribe has been recovered and in the event, petitioners are enlarged on bail, they are likely to involve in committing similar offence. 6. In the complaint that is submitted by defacto complainant, he has stated that a notice was issued for the purpose of removing compound wall of Sy.No.198/2A-P2 of Maganuru Village, measuring 2 acres 3 guntas and for the purpose of settling the dispute, defacto complainant had approached accused Nos.1 and 2, who had allegedly demanded a sum of Rs.10 lakhs as bribe. On negotiation, bribe amount was reduced to Rs.8 lakhs and the conversation between the parties was recorded by defacto complainant and thereafter, he - 4 - NC: 2025:KHC:10517 CRL.P No. 2853 of 2025 had approached the police. Initially, trap that was laid on 05.02.2025 had failed and in the trap that was held on 06.02.2025, accused Nos.1 and 2 were allegedly caught red handed while receiving bribe amount of Rs.1 lakh from defacto complainant. In a trap case, major portion of the investigation is completed on the day of the trap itself. Major portion of the investigation in the case is completed and only report from FSL is awaited. Petitioners do not have any criminal antecedents. The maximum punishment for the alleged offence is imprisonment for a period of seven years. Under the circumstances, I am the opinion that the prayer made in the petition for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 7. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.3/2025 registered by Karnataka Lokayuktha Police, Mandya, for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 (Amendment Act, 2018), subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the - 5 - NC: 2025:KHC:10517 CRL.P No. 2853 of 2025 likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN