- 1 - HC-KAR NC: 2025:KHC-D:9346 CRL.P No. 102928 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102928 OF 2025 (439 (CR.PC) / 483 (BNSS)) BETWEEN: SRI. SHIVANAND S/O BALAKRISHANA KUDTARKAR, AGE: 56 YEARS, OCC: DISTRICT SURGEON, MEDICAL SUPERINTENDENT, KARAWAR INSTITUTE OF MEDICAL SCIENCE, R/O: KARAWAR INSTITUTE OF MEDICAL SCIENCE TEACHING HOSPITAL (DISTRICT HOSPITAL) KARAWAR, UTTAR KANNADA, CORRECT ADDRESS: RUKMINI PLAZA, BEHIND KSRTC BUS STAND, BRAHMANAGALLI, KARWAR. … PETITIONER (BY SRI. NEELENDRA D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA, BY KARWAR LOKAYUKTA POLICE STATION, REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580 001. … RESPONDENT (BY SRI. SRINIVAS B. NAIK, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO GRANT THE PETITIONER/ACCUSED ON REGULAR BAIL IN THE LOKAYUKTA P.S. CRIME NO.4/2025 OF KARWAR LOKAYUKTHA P.S. POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 7(A) OF PREVENTION OF CORRUPTION ACT-1988 (AMENDMENT ACT-2018) PENDING BEFORE PRL. DISTRICT AND SESSIONS JUDGE AT U.K. KARWAR, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9346 CRL.P No. 102928 of 2025 THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. The accused in Crime No.4 of 2025 registered by Karwar Lokayukta Police Station for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988, is before this Court under Section 483 of the 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 objection and opposed the prayer made in this petition. 3. The de facto complainant, who is the owner of a Firm known as M/s. Mass Enterprises, had filed first information before the Lokayukta Police, Karwar on 09.07.2025, alleging that the petitioner, who is working as a Medical Superintendent in the District Hospital at Karwar, had demanded a bribe amount of ₹.75,000/- for the purpose of recommending sanction of his bill. The first - 3 - HC-KAR NC: 2025:KHC-D:9346 CRL.P No. 102928 of 2025 informant, who was the successful bidder for supply of bed sheets and table covers to the hospital, had submitted his bill for the goods supplied by him. According to the first informant, he had initially paid a sum of ₹.20,000/- and a further demand for bribe amount of ₹.30,000/- was made by the petitioner and since the first informant was not willing to pay the said amount, he had approached the Lokayukta Police Station. After registration of the FIR against the petitioner, a trap was successfully held on 10.07.2025, and the bribe amount of ₹.30,000/- was recovered from the petitioner. The petitioner, who was arrested on 10.07.2025, was subsequently remanded to the judicial custody and his bail application filed before the trial Court was rejected. Therefore, he is before this Court. 4. In a trap case, major portion of the investigation is completed on the date of trap itself. The bribe amount, which is recovered from the petitioner, has been subjected to panchanama. According to the prosecution, the conversation between the petitioner and the first informant - 4 - HC-KAR NC: 2025:KHC-D:9346 CRL.P No. 102928 of 2025 has been recorded in a mobile phone of the first informant. Except the report of the Forensic Science Laboratory, the other portion of the investigation has been completed in the present case and all other documents are also recovered and seized by the prosecution. The petitioner aged about 57 years, who is a Government Servant is in custody from 10.07.2025 onwards. The maximum punishment for the alleged offences is imprisonment for a period of seven years. It is not in dispute that the petitioner has no other criminal antecedents. 5. Under the circumstances, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Hence, the following: ORDER (i) The criminal petition is allowed. (ii) The petitioner / accused is directed to be enlarged on bail in Lokayukta P.S. Crime No.4 of 2025 of Karwar Lokayukta Police Station, registered for the offence punishable under Section 7(a) of the - 5 - HC-KAR NC: 2025:KHC-D:9346 CRL.P No. 102928 of 2025 Prevention of Corruption Act, 1988 (amendment Act, 2018) pending before the Prl. District and Sessions Judge at U.K., Karwar, subject to the following conditions: (a) The petitioner / accused shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court; (b) The petitioner / accused 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 / accused shall not directly or indirectly threaten or tamper with the prosecution witnesses; (d) The petitioner / accused shall not involve in similar offences in future. - 6 - HC-KAR NC: 2025:KHC-D:9346 CRL.P No. 102928 of 2025 (e) The petitioner / accused shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP / CT:BCK LIST NO.: 1 SL NO.: 52