- 1 - NC: 2025:KHC:12091 CRL.P No. 3276 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3276 OF 2025 BETWEEN: SRI MAHESH S/O KASHAPPA AGED ABOUT 35 YEARS PERMANENT RESIDENT OF NO.1-108, DANTAPUR GURAMATKAL TOWN YADGIRI DISTRICT - 585 214 WORKING AS CONSTABLE (COURT P.C) AT AVALAHALLI POLICE STATION BENGALURU DISTRICT. (ADDRESS AS PER ANNEXURE-A) …PETITIONER (BY SRI MARUTI NAIK, ADV., FOR SRI NAIK VENKATRAMAN NAGAPPA, ADV.) AND: STATE BY KARNATAKA LOKAYUKTA POLICE BENGALURU RURAL DISTRICT BENGALURU, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001. …RESPONDENT (BY SRI K. PRASANNA SHETTY, ADV.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO GRANT AN ORDER OF ANTICIPATORY BAIL TO THE PETITIONER IN CR.NO.4/2025, REGISTERED BY THE RESPONDENT LOKAYUKTA POLICE BENGALURU RURAL AGAINST THE PETITIONER FOR THE OFFENCE P/U/S 7(a) OF P.C ACT 1988 (AMENDED 2018) Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12091 CRL.P No. 3276 of 2025 PENDING BEFORE THE HONBLE IX ADDL.DISTRICT AND SESSIONS JUDGE BENGALURU RURAL DISTRICT, BENGALURU. 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.1 in Crime No.4/2025 registered by Karnataka Lokayukta Police Station, Bengaluru Rural District for the offence punishable under Section 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.4/2025 was registered for the aforesaid offence against the petitioner herein and another, based on the first information dated 24.02.2025 received from Smt. Pavithra W/o Abhinash. Apprehending arrest in the case, the petitioner had filed Crl.Misc.No.410/2025 before the Trial Court, which was dismissed on 05.03.2025. Therefore, he is before this Court. - 3 - NC: 2025:KHC:12091 CRL.P No. 3276 of 2025 4. Learned counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that, the petitioner is a police constable and he has no criminal antecedents. The recovery of the alleged bribe amount is from accused No.2, who is already in custody. The petitioner is ready and willing to cooperate with the police for the purpose of investigation. There is no prima-facie material against the petitioner. Accordingly, he prays to allow the petition. 5. Per contra, learned counsel appearing for respondent, who has filed his statement of objection has opposed the prayer made in the petition. He submits that the petitioner's conversation with the first informant has been recorded and reading of the transcript of the conversation clearly shows that the petitioner had demanded bribe amount of Rs.5,000/- from the first informant. Subsequently, accused No.2 was caught red handed while receiving the bribe amount from the first informant. The petitioner has demanded bribe from a lady, - 4 - NC: 2025:KHC:12091 CRL.P No. 3276 of 2025 who herself is a victim in a criminal case. Accordingly, he prays to dismiss the petition 6. Perusal of the material on record would go to show that, the petitioner who is working as a police constable in Avalahalli Police Station, Bengaluru was assigned duty of attending the court work. It appears that the first informant had earlier approached Avalahalli Police Station and based on her complaint, FIR in Crime No.430/2024 was registered and for the purpose of filing charge sheet in the said case, the petitioner allegedly had demanded a sum of Rs.5,000/- from the first informant on the ground that a sum of Rs.3,000/- was required to be paid to the pubic prosecutor and balance amount was required for miscellaneous expenses. This conversation of the petitioner with the first informant has been recorded in the mobile phone of the first informant and the name of accused No.2 also appears during the course of the petitioner's conversation with the first informant. Subsequently arrested and the first informant had - 5 - NC: 2025:KHC:12091 CRL.P No. 3276 of 2025 approached accused No.2 and introduced herself stating that she was sent by the petitioner and conversation of accused No.2 with the first informant is also recorded in her mobile phone. In the trap that was subsequently held, accused No.2 was apprehended while receiving bribe amount of Rs.3,000/- from the first informant and said bribe amount was subjected to panchanama and accused No.2 was subsequently remanded to judicial custody. 7. In view of the aforesaid aspects of the matter, it cannot be said that there is absolutely no material against the petitioner and considering the fact that the petitioner's conversation with the first informant is recorded in her mobile phone, voice sample of the petitioner is required to be collected. The petitioner, who is a police constable assigned with the duty of attending the court work has not only demanded bribe from the defacto complainant but also has used the name of the public prosecutor for the purpose of demand made by him. Accused No.2, who is arrested in the present case is still in - 6 - NC: 2025:KHC:12091 CRL.P No. 3276 of 2025 custody. Investigation of the case is under progress. Under these circumstances, I am of the opinion that the discretionary relief of anticipatory bail cannot be granted to the petitioner. 8. Accordingly, the petition is rejected. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS