- 1 - HC-KAR NC: 2025:KHC:26475 CRL.P No. 9024 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9024 OF 2025 BETWEEN: MR. A. AJAY KUMAR S/O LATE APAJI, AGED ABOUT 38 YEARS, WORKING AS FIRST DIVISION ASSISTANT, DY. COMMISSIONER, KOLAR, R/AT NO.66, 2ND CROSS, NETHRAVATHI EXTENSION, DEVASANDRA, K.R.PURAM, BANGALORE-560 036. …PETITIONER (BY SRI. SANDESH J. CHOUTA, SENIOR COUNSEL FOR SRI. VENKATESH H.G., ADVOCATE) AND: THE STATE REP. BY LOKAYUKTHA POLICE, KOLAR SPECIAL PUBLIC PROSECUTOR, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. …RESPONDENT (BY SRI. K. PRASANNA SHEETY, ADVOCATE) THIS CRL.P IS FILED U/S 438 CR.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND PETITIONER MAY BE GRANTED ANTICIPATORY BAIL IN CR.NO.7/2025 REGISTERED BY THE LOKAYUKTHA POLICE, KOLAR, FOR THE ALLEGED Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26475 CRL.P No. 9024 of 2025 OFFENCE PUNISHABLE U/S 7(a) OF PREVENTON AND CORRUPTION ACT, ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, KOLAR AND ALSO DIRECT THE POLICE OF OFFICERS OF LOKAYUKTHA P.S., KOLAR TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT POLICE. 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 no.1 in Crime No.7/2025 registered by Karnataka Lokayukta, Kolar, for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.7/2025 was registered by Karnataka Lokayukta, Kolar, for the aforesaid offence against the petitioner and two others based on the complaint received from the defacto complainant - Manjunath Basavaraj on 10.06.2025. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.500/2025 before the jurisdictional Sessions Court, - 3 - HC-KAR NC: 2025:KHC:26475 CRL.P No. 9024 of 2025 which was rejected on 24.06.2025. Therefore, he is before this Court. 4. Learned Senior Counsel appearing for the petitioner submits that accused no.3 was caught red handed while receiving bribe amount of Rs.22,000/- from the first informant in the trap that was held on 10.06.2025. Thereafter, accused nos.2 & 3 who were arrested, were produced before the jurisdictional court and they have been already enlarged on bail. So far as the petitioner is concerned, he is ready and willing to cooperate with the police for the purpose of investigation and he has no other criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned Counsel appearing for the respondent who has filed statement of objections has opposed the petition. He submits that petitioner is the person who has made the demand for payment of bribe amount, and on his instructions, the bribe amount was paid to accused no.3 who was caught red handed in the trap that was held on 10.06.2025. Accordingly, he prays to dismiss the petition. - 4 - HC-KAR NC: 2025:KHC:26475 CRL.P No. 9024 of 2025 6. In the first information which was submitted by the defacto complainant on 10.06.2025, he has stated that on 06.05.2025, he had approached accused no.2 who is working as Sheristhedar in the office of the Deputy Commissioner, Kolar, with a request to furnish him certified copies of the conversion orders in respect of lands bearing Sy. Nos.198, 203, 204, 205 & 206 of Malur village. Accused no.2 allegedly informed him to contact accused no.1 who was working as FDA in the office of the Deputy Commissioner and when the defacto complainant contacted accused no.1, he allegedly demanded bribe and asked the first informant to contact accused no.3. Accordingly, the first informant had thereafter contacted accused no.3 and subsequently he had also contacted accused no.1 who allegedly demanded bribe amount of Rs.22,000/- and asked the defacto complainant to pay the same to accused no.3. 7. The defacto complainant who was not willing to pay the bribe amount, approached the Karnataka Lokayukta Police and based on his complaint, FIR was registered and in the trap that was held subsequent to the registration of FIR, accused no.3 - 5 - HC-KAR NC: 2025:KHC:26475 CRL.P No. 9024 of 2025 was allegedly caught red handed while receiving bribe amount of Rs.22,000/- from the first informant on 10.06.2025. Thereafter, accused no.2 was also arrested and both the accused were subsequently remanded to judicial custody. Accused nos.2 & 3 have been granted regular bail in the present case by the jurisdictional Sessions Court. Major portion of the investigation is already completed. 8. So far as the petitioner is concerned, the allegation against him is that he had made the demand for payment of bribe amount and had asked the first informant to hand over the same to accused no.3 who was arrested in the present case and has been enlarged on bail. Undisputedly, petitioner has no criminal antecedents. He is a Government servant, and therefore, there could be no apprehension that he would flee away from justice. He has undertaken to cooperate with the police for the purpose of investigation. The maximum punishment for the alleged offence is imprisonment for a period of seven years. Considering the aforesaid aspects, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively - 6 - HC-KAR NC: 2025:KHC:26475 CRL.P No. 9024 of 2025 subject to appropriate conditions. Accordingly, the following order: 9. Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.7/2025 registered by Karnataka Lokayukta, Kolar, for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988, subject to the following conditions: 1. Petitioner shall appear before the Investigating Officer on 24.07.2025 from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. - 7 - HC-KAR NC: 2025:KHC:26475 CRL.P No. 9024 of 2025 4. Petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK