- 1 - HC-KAR NC: 2025:KHC-D:7315 CRL.P No. 102031 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102031 OF 2025 (439(Cr.PC)/483(BNSS) BETWEEN: SHRI. SURESH SANKRAPPA BILGI, AGE 52 YEARS, OCC: FDA (ACCOUNT SECTION) IN THE OFFICE OF ZILLA PANCHAYAT, SIRSI, DIST. UTTARA KANNADA 581401. NOW IN J. C. …PETITIONER (BY SRI. R. H. ANGADI, ADVOCATE) AND: THE STATE OF KARNATAKA, (THROUGH KARWAR LOKAYUKTA POLICE STATION), REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, FOR LOKAUYUKTA, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD-580011. …RESPONDENT (BY SRI. SANTOSH MALAGOUDAR, SPECIAL COUNSEL) THIS CRIMINAL PETITION IS FILED U/S.439 OF CR.P.C. (483 OF BNSS), SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER ON BAIL WHO IS ARRAYED AS AN ACCUSED, PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, UTTAR KANNADA, KARWAR, IN CONNECTION WITH KARWAR LOKAYUKTA P.S. CRIME NO.03/2025, FOR THE OFFENCE PUNISHABLE U/S.7(a) OF PREVENTION OF CORRUPTION ACT, 1988, TO MEET THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7315 CRL.P No. 102031 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the petitioner and the learned Special Counsel for Lokayukta. 2. The petitioner has filed this petition under Section 439 of Cr.P.C. [Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023] seeking regular bail in connection with Crime No.3/2025 registered in Karwar Lokayukta Police Station for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 (Amendment Act, 2018). 3. The brief facts of the prosecution case are as under: The petitioner has been working in Panchayat Raj Engineering Division, Sirsi during the year 2024-25 as SDA. The first informant – Sri. Sachin, resident of Sirsi filed first information with the Karwar Lokayukta Police alleging that he is running a travels by name “Gajamukha Welding Works” and for the last few years he is supplying vehicles and drivers to the office of the Executive Engineer, Panchayat Raj Engineering Division, Sirsi. He came into contact with the petitioner who has been promoted as FDA. He is responsible to make payment of - 3 - HC-KAR NC: 2025:KHC-D:7315 CRL.P No. 102031 of 2025 vehicles and drivers. The petitioner was delaying the payments to gain some thing from him. As per the terms of the tender, an amount of Rs.40,000/- has to be transferred to his account every month. However, for the financial year 2024-25 though fund was available with the department, the petitioner did not make payment of the driver for some months. In the month of April 2025, the first informant approached the petitioner to make payment to the drivers. For which the petitioner has demanded 4% of the amount to make the payment for the remaining months. On 24.04.2025, the first informant went to the office of the petitioner by activating the voice recorder in his mobile and met the petitioner and on enquiry, the petitioner demanded a sum of Rs.10,000/- in order to clear the balance amount. Hence, on 08.05.2025, an amount of Rs.80,000/- was transferred to the account of the first informant. However, he did not make any payment for six months. Thus, the first informant approached the Karwar Lokayukta Police along with the voice recorder, and lodged the complaint on 20.05.2025. Based on the complaint, the respondent – Police registered the case in Crime No.3/2025 for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 and trap - 4 - HC-KAR NC: 2025:KHC-D:7315 CRL.P No. 102031 of 2025 was led on 21.05.2025 and it was successful and an amount of Rs.10,000/- was seized from the possession of accused and the accused was arrested and in turn he was remanded to judicial custody. Hence, the bail petition. 4. It is contended that the petitioner is innocent and law abiding citizen and he has not committed any offences. The petitioner is not a final authority or has any domain over the payment of salary of driver or towards the vehicle. As on the date of trap, there were no pending works pending with the accused person. In the absence of any relevant material on record, it cannot be held that the accused has demanded any money from any work. Mere possession of some amount does not point out any demand made by the accused. The petitioner is aged 52 years and he is suffering from health issues and he require medication for his kidney functioning. Hence, he prayed to allow the petition. 5. Per contra, the learned Special Counsel for Lokayukta vehemently contended that the petitioner is involved in the alleged offences. If he is enlarged on bail, he would - 5 - HC-KAR NC: 2025:KHC-D:7315 CRL.P No. 102031 of 2025 repeat the similar offence and hamper the prosecution witnesses. Hence, he prayed to reject the petition. 6. Having heard on both sides and on perusal of the material available on record, it discloses that on 20.05.2025 a trap was led on the petitioner and it was successful and a sum of Rs.10,000/- was recovered from the possession of the accused. Thus, it is just and necessary to analyze Section 7 of the Prevention of Corruption Act. “7. Public servant taking gratification other than legal remuneration in respect of an official act Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority, corporation or Government company referred to in clause (c) of section 2, or with any public servant, - 6 - HC-KAR NC: 2025:KHC-D:7315 CRL.P No. 102031 of 2025 whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine. Explanations. (a) "Expecting to be a public servant." If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating but he is not guilty of the offence defined in this section. (b) "Gratification". The word "gratification" is not restricted to pecuniary gratifications or to gratifications estimable in money. (c) "Legal remuneration". The words "legal remuneration" are not restricted to 4 remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the Government or the organisation, which he serves, to accept. (d) "A motive or reward for doing." A person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do, or has not done, comes within this expression. (e) Where a public servant induces a person erroneously to believe that his influence with the - 7 - HC-KAR NC: 2025:KHC-D:7315 CRL.P No. 102031 of 2025 Government has obtained a title for that person and thus induces that person to give the public servant, money or any other gratification as a reward for this service, the public servant has committed an offence under this section.” 7. Whereas, in this case, the voice recording was alleged to be recorded on 24.04.2025. However, the complaint was lodged on 20.05.2025 i.e., after lapse of merely 25 days the first informant lodged the complaint. Whether the alleged conversion appearing in the mobile phone is of the accused or not, is to be tested by competent authorities. The recording alleged to be found in the mobile phone appears to be added or morphed, this aspect is also to be testified by the competent authorities and therefore, at this juncture, one cannot jump to the conclusion that the voice recorded of the accused or none else. 8. So far as role of the accused in the office is concerned, the learned counsel for the petitioner contended that he is not the final authority or has any domain over the payment of salary of driver or towards the vehicle and as on the date of alleged trap, there was no pending work with the - 8 - HC-KAR NC: 2025:KHC-D:7315 CRL.P No. 102031 of 2025 accused. There is a force in the contention of the learned counsel for the petitioner regarding these factual aspects and in the absence of any relevant material on record, it cannot be held that the accused has demanded money for any work. 9. Further, the petitioner is a government servant and his presence can be secured easily. The alleged offences are not punishable with death or imprisonment of life. The question that the petitioner is not the final authority or has any domain over the payment of salary of drivers or towards the vehicle is a matter of trial. The petitioner has no criminal antecedents as on this day. If the petitioner is not enlarged on bail, his liberty will be curtailed and more over the petitioner is on medication. His kidney is not functioning properly. On all these grounds, it is just and proper to extend bail to the petitioner. Accordingly, I proceed to pass the following: ORDER [i] The criminal petition is allowed. [ii] The petitioner is ordered to be enlarged on bail on he executing a personal bond in a sum of Rs.2,00,000/- with two sureties for the likesum to the satisfaction of the Trial Court. - 9 - HC-KAR NC: 2025:KHC-D:7315 CRL.P No. 102031 of 2025 [iii] The petitioner shall mark his attendance on first Sunday of every month in between 10:00 a.m. to 05:00 p.m. till six months or till filing of the final report whichever is earlier. [iv] The petitioner shall not tamper the prosecution witnesses. [v] The petitioner shall appear before the Court regularly. [vi] The petitioner shall not commit any similar offences. Violation of any of the above conditions, will entitle the prosecution to seek for cancellation of bail. NOTE: The above observation made in this petition is only for the purpose of disposal of this petition. Sd/- (VENKATESH NAIK T) JUDGE RSH /CT-AN List No.: 1 Sl No.: 26