- 1 - NC: 2025:KHC-D:7085 CRL.P No. 101687 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 101687 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: SHIVANAND S/O. HANUMATHAPPA AGE: 43 YEARS, OCC: SERVICE, COMMERCIAL TAX OFFICER (GST), R/O. H. B. HALLI, KOTTUR CIRCLE, NEAR OPPOSITE TO APMC H.B. HALLI, DIST. VIJAYANAGAR-583212. …PETITIONER (BY SRI. K.L.PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH LOKAYUKTA P.S. HOSAPETE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. ANIL KALE, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS, 2023, SEEKING TO ALLOW THE CRIMINAL PETITION AND ENLARGE PETITIONER/ACCUSED ON REGULAR BAIL IN CONNECTION WITH LOKAYUKTA P.S. LOKAYUKTA POLICE STATION, HOSAPETE CRIME NO. 01/2025 REGISTERED FOR THE OFFENCE PUNISHABLE U/SEC. 7(a) OF PREVENTION OF CORRUPTION ACT 1988 (AMENDED ACT 2018) ON THE FILE OF 3RD ADDL. DISTRICT AND SESSIONS JUDGE AND SPL. JUDGE (P.C.ACT) BALLARI SITTING AT HOSAPETE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:7085 CRL.P No. 101687 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard learned counsel for the petitioner and learned counsel for the respondent. 2. Petition is filed under Section 483 of BNSS with the following prayer: “Praying to allow the Criminal Petition and Enlarge the Petitioner/Accused on Regular Bail in connections with Lokayukta P.S. Lokayukta Police Station Hosapete Crime No. 1/2025 registered for the offence punishable under Sec.7(a) of Prevention of Corruption Act 1988 (Amended Act 2018) on the file of learned 3rd Addl. District and Sessions Judge and Spl. Judge (P.C.Act) Ballari sitting at Hosapete.” 3. Facts in brief which are utmost necessary for disposal of the petition are as under: 3.1 A complaint came to be lodged by Dugganaik S/o. Laxman Nayak registered by the Lokayukta Police, Hospete in Crime No.1/2025 for the offence punishable under Section 7(a) of Prevention of Corruption Act, 1988 (Amended Act 2018). - 3 - NC: 2025:KHC-D:7085 CRL.P No. 101687 of 2025 3.2 Pursuant to the complaint, Lokayukta Police formed a raid team to trap the petitioner in respect of the illegal demand made by him for completing the work of the complainant. 3.3 Trap was successful and a sum of Rs.4,000/- which was tainted currency was recovered from the custody of the petitioner. Color test stood positive and petitioner was arrested. He was sent to judicial custody on 29.03.2025. 3.4 Attempt made by the petitioner to obtain an order of grant of bail is rejected by the learned Special Judge. Thereafter, petitioner is before this Court. 4. Sri S.S. Sondur learned counsel for the petitioner sought for grant of bail by exercising the special power vested in this Court under Section 483 of BNSS. 5. Sri Anil Kale, learned counsel for the Karnataka Lokayukta would oppose the bail grounds. - 4 - NC: 2025:KHC-D:7085 CRL.P No. 101687 of 2025 6. Having heard the arguments of both sides, this Court perused the material on record meticulously. 7. On such perusal of the material on record, since the petitioner was arrested on 29.03.2025 and tainted currency and relevant documentary evidence have already seized by the Investigation Agency and investigation is also progressed to considerable extent and also taking note of the fact that the petitioner has been suspended from the service, this Court is of the considered opinion that the continuation of the accused in judicial custody is no longer warranted. 8. Other apprehensions of the prosecution can be met with by imposing suitable and stringent and conditions. 9. Accordingly, following order is passed. ORDER (i) Criminal Petition is allowed. - 5 - NC: 2025:KHC-D:7085 CRL.P No. 101687 of 2025 (ii) Petitioner is directed to be in enlarged on bail on taking a bond in a sum Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. (iii) Petitioner shall not tamper the prosecution witnesses in any manner. (iv) Petitioner shall attend the Court regularly. (v) Petitioner shall mark the attendance before the Investigating Officer on every third Sunday between 10.00 am and 2.00 pm. till the final report is filed. (vi) Petitioner shall not leave the jurisdiction of Ballari and Vijayanagara Districts without prior permission. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail. Sd/- (V.SRISHANANDA) JUDGE KAV,NAA CT:GSM List No.: 1 Sl No.: 9