- 1 - NC: 2025:KHC-D:5103 CRL.P No. 101280 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101280 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHIVANAND S/O. HANUMANTHAPPA TAMRANNAVAR, AGE: 54 YEARS, OCC. URBAN PLANNING MEMBERS, URBAN DEVELOPMENT AUTHORITY OFFICE, KARWAR, R/O. GAVIONI, NEAR KAMARIPETA POLICE STATION, HUBBALLI, PRESENT: NEAR MALADEVI GROUND, KARWAR. ( ACCUSED NO.1 IN KARWAR LOKAYUKTA PS CRIME NO-1/2025) …PETITIONER (BY SRI S.B. DODDAGOUDAR, ADVOCATE) AND: THE STATE OF KARNATAKA (KARWAR LOKAYUKTA P.S., KARWAR) REP. BY SPL S.P.P., HIGH COURT BUILDING, DHARWAD. …RESPONDENT (BY SRI ANIL KALE, SPL. S.P.P.) THIS CRIMINAL PETITION IS FILED U/S. 483 OF BNSS (U/S. 439 OF CR.P.C.), SEEKING TO ENLARGE THE PETITIONER/ACCUSED ON REGULAR BAIL KARWAR LOKAYUKTA P.S. CRIME NO.1/2025 FOR THE OFFENCES PUNISHABLE U/S. 7(b) OF PREVENTION OF CORRUPTION ACT 1988 (AMENDMENT 2018) PENDING ON THE FILE OF PRL.DISTRICT AND SESSIONS JUDGE AND SPL.JUDGE UTTARA KANNADA, KARWAR, IN SO FAR AS THE PETITIONER/ACCUSED IN THE ABOVE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Date: 2025.03.20 15:17:08 +0530 - 2 - NC: 2025:KHC-D:5103 CRL.P No. 101280 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri.S.B.Dodagoudar learned counsel appearing for petitioner and Sri.Anil Kale learned Special Public Prosecutor for Karnataka Lokayukta. 2. Petitioner has preferred this petition under Section 483 of Bharatiya Nagarika Suraksha Sanhita, 2023 (hereinafter for short ‘BNSS’), with the following prayer: “To enlarge the petitioner/accused on regular bail Karwar lokayukta P.S. Crime No.1/2025 for the offences punishable under Section 7(b) of Prevention Of Corruption Act 1988 (Amendment 2018) pending on the file of Principal District and Sessions Judge and Spl.Judge Uttara Kannada, Karwar, in so far as the petitioner/accused in the above case.” 3. Facts in the nutshell for disposal of a petition are as under: 3.1 Upon the complaint lodged by Sri.Prashanth Naik, the Lokayukta Police, Karwar successfully trapped the petitioner on 14.02.2025 when he had demanded the - 3 - NC: 2025:KHC-D:5103 CRL.P No. 101280 of 2025 bribe. On the same day, he was arrested and sent to judicial custody. 3.2. Learned Special Judge Karwar, dismissed the bail application, holding that the menace of corruption in the society and its impact would disentitle the petitioner from obtaining an order for the grant of bail. 4. Thereafter petitioner is before this Court. 5. Sri.S.B.Doddagoudar, learned counsel for the petitioner, would contend that taking note of the fact that on 14.02.2025, trap has taken place and the necessary documentary evidence has already been collected by the Investigation Agency, what remains is only the receipt of the Forensic Science Laboratory report and therefore, the continuation of the petitioner in judicial custody is no longer warranted. 6. Per contra Sri.Anil Kale, learned Special Public Prosecutor representing the Karnataka Lokayukta opposes the bail grounds. 7. He would further contend that despite the stringent provisions called out in the Prevention of - 4 - NC: 2025:KHC-D:5103 CRL.P No. 101280 of 2025 Corruption Act, people are demanding the illegal gratification for discharging the official duties. Practically, in every case without there being any scanned respect towards the statutory provisions and therefore bail is to be rejected. 8. Having heard the parties, this Court perused the material on record meticulously. 9. Upon perusal of the material available on record and taking note of the fact that the trap has taken place on 14.02.2025, the investigation agency would have taken investigation to a considerable extent and necessary documents have already been seized by the Investigation Agency and hence, continuation of the accused in judicial custody is no longer warrant. 10. Further, the apprehensions expressed by the prosecution can be met with by imposing suitable and stringent conditions. 11. The suspension of the petitioner from his official position would also be a factor that is to be taken into - 5 - NC: 2025:KHC-D:5103 CRL.P No. 101280 of 2025 consideration in arresting and the apprehension of repetitive offences. 12. Therefore, the following order: ORDER (i) The petition is allowed. (ii) Petitioner is directed to be enlarged on bail on executing a bond in a sum of Rs.1,00,000/- with two sureties for the satisfaction of the trial Court. (iii) Petitioner shall attend the Court regularly. (iv) Petitioner shall not tamper the persecution witnesses in any manner. (v) Petitioner shall mark his attendance between 10:00 AM to 2:00 PM every third Sunday till the final report is filed. (vi) Petitioner shall not leave the jurisdiction of Karwar District, without prior permission. (vii) Violation of anyone of the conditions would entitle the prosecution to seek for cancellation of bail. SD/- (V.SRISHANANDA) JUDGE RHR/- CT:PA LIST NO.: 1 SL NO.: 5