- 1 - NC: 2025:KHC:17814 CRL.P No. 5428 of 2025 C/W CRL.P No. 5421 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5428 OF 2025 C/W CRIMINAL PETITION NO. 5421 OF 2025 IN CRL.P No. 5428/2025: BETWEEN: MR. KRISHNAMURTHY T.P S/O PUTTABOREGOWDA AGED ABOUT 44 YEARS DSP, DAR, SHIMOGGA POLICE QUARTERS CAUVERY BLOCK NO.2 SHIMOGGA, R/AT. GANGURU VILLAGE, KUDLIGERE HOBLI BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 301. …PETITIONER (BY SRI PARAMESHWAR N HEGDE, ADV.) AND: STATE OF KARNATAKA THROUGH LOKAYUKTA POLICE SHIVAMOGGA DIVISION REP BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 01. …RESPONDENT (BY SRI K. PRASANNA SHETTY, ADV.) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER (ACCUSED NO.1) ON BAIL IN CRIME NO.3/2025 REGISTERED BY THE RESPONDENT POLICE (KARNATAKA LOKAYUKTHA POLICE, SHIVAMOGGA DIVISION) FOR THE OFFENCE PUNISHABLE UNDER SECTION 7(a) OF PREVENTION Digitally signed by NANDINI D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17814 CRL.P No. 5428 of 2025 C/W CRL.P No. 5421 of 2025 OF CORRUPTION ACT AND PENDING ON THE FILE OF 1ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA. IN CRL.P NO. 5421/2025 BETWEEN: MR. M.K. RAVI S/O KAPPANAYYA AGED ABOUT 57 YEARS A.R.A.S.I, DAR, SHIVAMOGGA R/O SIDDAPURA, NEAR KALI LINGESHWARA TEMPLE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 577 301. ...PETITIONER (BY SRI SURESHA M.G, ADV.) AND: STATE OF KARNATAKA THROUGH LOKAYUKTA POLICE SHIVAMOGGA DIVISION REP BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 01. ...RESPONDENT (BY SRI K. PRASANNA SHETTY, ADV.) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER (ACCUSED NO.2) ON BAIL IN CRIME NO.3/2025 REGISTERED BY THE RESPONDENT POLICE (KARNATAKA LOKAYUKTHA POLICE SHIVAMOGGA DIVISION) FOR THE OFFENCE P/US/ 7(a) OF PREVENTION OF CORRUPTION ACT AND PENDING ON THE FILE OF THE Ist ADDL. DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY - 3 - NC: 2025:KHC:17814 CRL.P No. 5428 of 2025 C/W CRL.P No. 5421 of 2025 ORAL ORDER Accused Nos.1 and 2 in Crime.No.3/2025 registered by Karnataka Lokayuktha Police Station, Shivamogga District for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 (Amendment Act, 2018) are before this Court in these two petitions filed under Section 483 of BNSS, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. On the basis of first information submitted by defacto complainant Sri Prasanna Kumar T.S, Police Constable attached to District Armed Reserve Police, Shivamogga, FIR in Crime.No.3/2025 was registered against accused Nos.1 and 2 and in the trap that was held subsequently, accused No.1 was caught red handed while receiving bribe amount of Rs.5,000/- from the defacto complainant. The bribe amount which was recovered from accused No.1 was subjected to panchanama and thereafter accused Nos.1 and 2 were arrested on 25.03.2025 and subsequently remanded to judicial custody. 4. The bail application filed by the petitioners before the jurisdictional Sessions Court in Crl.Misc.No.320/2025 & - 4 - NC: 2025:KHC:17814 CRL.P No. 5428 of 2025 C/W CRL.P No. 5421 of 2025 Crl.Misc.No.322/2025 were rejected on 03.04.2025. Therefore, they are before this Court. 5. Learned counsel appearing for petitioners having reiterated the grounds urged in the petition submits that the petitioners are police officers having no criminal antecedents. They are in custody for the last more than one month. Major portion of the investigation is completed. Accordingly, he prays to allow the petitions. 6. Per contra, the learned counsel for respondent, who has filed his statement of objection has opposed the petition. He submits that accused No.1 was caught red handed while receiving bribe amount of Rs.5,000/- from the defacto complainant and he appears to be an influential person. Accordingly, he prays to dismiss the petitions. 7. The first informant is a police constable working in District Armed Reserve Police and accused No.1 in the Deputy Superintendent of Police and accused No.2 is a Sub Inspector working in the same department. The allegation against accused No.1 is that he had demanded a sum of Rs.10,000/- from the defacto complainant as bribe for continuation of his - 5 - NC: 2025:KHC:17814 CRL.P No. 5428 of 2025 C/W CRL.P No. 5421 of 2025 work as the guard of treasury. In the conversation of accused No.1 with the defacto complainant it is stated that he had allegedly asked the defacto complainant to pay bribe amount to accused No.2. Therefore, accused No.2 is also arraigned as accused No.2 in the present case. After registration of FIR based on the first information received from the defacto complainant, a trap was subsequently laid and in the said trap accused No.1 was allegedly caught red handed while receiving bribe amount of Rs.5,000/- from the first informant. Major portion of the investigation in a trap case is completed on the date of trap itself. 8. Learned counsel for the respondent has submitted that report of FSL is awaited and remaining portion of the investigation is completed. The petitioners are police officers who have no criminal antecedents. They are in custody for the last more than one month. Maximum punishment for the alleged offences is imprisonment for a period of seven years. Since the petitioners are government servants there cannot be any apprehension that they are likely to flee away from justice. Under these circumstances, I am of the opinion that the - 6 - NC: 2025:KHC:17814 CRL.P No. 5428 of 2025 C/W CRL.P No. 5421 of 2025 petitioners' prayer for grant of regular bail requires to be answered affirmatively. 9. Accordingly, the following: ORDER The Criminal Petitions are allowed. The petitioners are directed to be enlarged on bail in Crime.No.3/2025 registered by Karnataka Lokayuktha Police Station, Shivamogga District for the offence punishable under Sections 7(a) of the Prevention of Corruption Act, 1988 (Amendment Act, 2018), subject to the following conditions: a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the 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; - 7 - NC: 2025:KHC:17814 CRL.P No. 5428 of 2025 C/W CRL.P No. 5421 of 2025 d) The petitioners shall not involve in similar offences in future; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS