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2025 DAILYLAW 27992 (KAR)

PUNDALEEKA @ PUNDAPPA BAMAGONDA v. STATE OF KARNATAKA

CRL.P/7672/2025 · 2025-06-30

S Vishwajith Shetty

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22965 CRL.P No. 7672 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7672 OF 2025 BETWEEN: PUNDALEEKA @ PUNDAPPA BAMAGONDA S/O SRISHAILA BOMAGONDA AGED ABOUT 33 YEARS WORKING AS SECRETARY GR.I INCHARGE PDO, KODLAPURA GRAM PANCHAYAT, MADHUGIRI TALUK TUMAKURU DISTRICT - 572 101. …PETITIONER (BY SRI NITHIN GOWDA K.C, ADV., FOR SRI PRASANNA KUMAR P, ADV.) AND: STATE OF KARNATAKA REPRESENTED BY THE LOKAYUKTA POLICE STATION, TUMAKURU REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, KARNATAKA LOKAYUKTA DR. BR AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENT (BY SRI K. PRASANNA SHETTY, SPL.P.P) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER / 1ST ACCUSED IN THE CRIME NO. 3/2025 OF THE RESPONDENT/KARNATAKA LOKAYUKTHA POLICE, TUMAKURU REGISTERED FOR THE OFFENCE UNDER SEC. 7(a) OF THE PREVENTION OF CORRUPTION ACT, 1988 PENDING ON THE FILE OF COURT OF VII ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22965 CRL.P No. 7672 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in Crime No.3/2025 registered by Tumakuru Lokayuktha Police, Tumkuru District for offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988(Amendment Act, 2018) pending before the Court of VII Additional District and Sessions Judge, Tumakuru is before this Court under Section 483 of BNSS 2023 seeking regular bail. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent, who has filed the statement of objections. 3. FIR in Crime No.3/2025 was registered by Tumakuru Lokayuktha Police Station, Tumakuru District against the petitioner herein and another for the aforesaid offence, based on the first information dated 09.05.2025 received from Sri.K.H.Anandkumar. In the trap that was held subsequently on 13.05.2025, accused Nos.1 and 2 were allegedly caught red handed while receiving the bribe amount of Rs.6,500/- from the first informant. The apprehended accused were produced - 3 - HC-KAR NC: 2025:KHC:22965 CRL.P No. 7672 of 2025 before the Court on 14.05.2025 and remanded to judicial custody. The bail application filed by the petitioner herein before the jurisdictional Court in Crl.Misc.Pet.No.705/2025 was rejected on 27.05.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner submits that the allegation against the petitioner and accused No.2 are similar. Accused No.2 has been granted regular bail by this Court in Crl.P.No.7589/2025 disposed of on 12.06.2025. Accordingly, he prays to allow the petition. 5. Per contra, learned counsel for respondent has opposed the petition. He submits that demand for payment of bribe amount was only by the petitioner. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that, a demand was made by accused No.1 for payment of Rs.6,000/- as bribe amount for the purpose of issuing e-katha in respect of site belonging to the defacto complainant. It is in this background, the defacto complainant had approached the Lokayuktha police and based on his first information, FIR against accused Nos.1 and 2 was registered. - 4 - HC-KAR NC: 2025:KHC:22965 CRL.P No. 7672 of 2025 7. In the trap that was laid on 13.05.2025, accused Nos.1 and 2 were caught red handed, while receiving bribe amount of Rs.6,500/- from the defacto complainant. Accused No.2 has been granted regular bail by this Court in Crl.P.No.7589/2025 disposed of on 12.06.2025. The petitioner who is a Government Servant is in custody from 13.05.2025 onwards. Major portion of the investigation is already completed. 8. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of bail needs to be answered affirmatively. Accordingly, the following order:- 9. The criminal petition is allowed. The petitioner is directed to be enlarged on bail in Tumakuru Lokayuktha Police, Tumkuru District for offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988(Amendment Act, 2018) pending before the Court of VII Additional District and Sessions Judge, Tumakuru, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the - 5 - HC-KAR NC: 2025:KHC:22965 CRL.P No. 7672 of 2025 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