- 1 - HC-KAR NC: 2025:KHC-D:10345 CRL.P No. 102991 of 2025 C/W CRL.P No. 102992 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102991 OF 2025 C/W CRIMINAL PETITION NO. 102992 OF 2025 (439(CR.PC)/483(BNSS)) IN CRL.P. NO. NO. 102991 OF 2025: BETWEEN: RAMCHANDRA S/O MANJUNATH VERNEKAR, AGE. 59 YEARS, OCC. REVENUE OFFICER CMC SIRSI, R/O. KARIGUNDA ROAD, NEHRU NAGAR, SIRSI. … PETITIONER (BY SRI. G.M. BHAT, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH KARWAR LOKAYUKTA, POLICE STATION, REPRESENTED BY SPECIAL PUBIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-011. … RESPONDENT (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ALLOW THE PETITION FILED UNDER SECTION 483 OF BNSS AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CRIME NO.05/2025 OF KARWAR LOKAYUKTA POLICE STATION PENDING ON THE FILE OF COURT OF PRINCIPAL DISTRICT AND SESSIONS AND SPECIAL JUDGE, UTTARA KANNADA, AT: KARWAR, FOR THE OFFENCES PUNISHABLE UNDER SECTION 7(A) OF PREVENTION OF CORRUPTION ACT, 1988 (AMENDMENT-2018). RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10345 CRL.P No. 102991 of 2025 C/W CRL.P No. 102992 of 2025 IN CRL.P. NO. NO. 102992 OF 2025: BETWEEN: GANAPATI LAKSHMAN NAIK, AGE. 62 YEARS, OCC. CITY COUNCIL MEMBER, SIRSI, R/O. 1ST CROSS, RAMANBAIL, SIRSI TALUK, KARWAR. (ACCUSED NO.2 AS PER FIR, UNDER KARWAR LOKAYUKTA P.S. CRIME NO.5/2025). … PETITIONER (BY SRI. A.C. CHAKALABBI AND SRI. S.G. NANDOOR, ADVOCATES) AND: THE STATE OF KARNATAKA, (BY KARWAR LOKAYUKTA POLICE STATION, KARWAR), REP. BY SPP, HIGH COURT BUILDING, DHARWAD. (COMPLAINANT IN AS PER FIR, KARWAR LOKAYUKTA P.S. CRIME NO.5/2025). … RESPONDENT (BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS), PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON REGULAR BAIL IN CRIME NO.05/2025 KARNATAKA LOKAYUKTHA POLICE STATION KARWAR, FOR THE ALLEGED FOR THE OFFENCES PUNISHABLE UNDER SECTION 7(A) OF PREVENTION OF CORRUPTION ACT, 1988 (AMENDMENT-2018), PENDING ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, UTTARA KANNADA, AT KARWAR. THESE PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10345 CRL.P No. 102991 of 2025 C/W CRL.P No. 102992 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 and 2 in Crime No.5/2025 registered by Lokayukta Police, Karwar, for the offence punishable under Section 7(a) of Prevention of Corruption Act, 1988 (Amendment-2018), are before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No. No.5/2025 was registered by Lokayukta Police, Karwar, for the aforesaid offence against the petitioners herein based on the first information dated 15.07.2025 received from Ramesh S/o Narayan Hegde. In a trap that was held after registration of FIR on 15.07.2025, both accused Nos.1 and 2 were caught red handed while receiving the bribe amount of ₹3,00,000/- from the de-facto complainant. Subsequently, they were arrested and remanded to judicial custody. Their bail - 4 - HC-KAR NC: 2025:KHC-D:10345 CRL.P No. 102991 of 2025 C/W CRL.P No. 102992 of 2025 application filed before the trial Court in Crime No.5/2025 was rejected on 25.07.2025. Therefore, they are before this Court. 4. Learned counsel for the petitioners having reiterated the grounds urged in the petitions has prayed to allow the petitions. 5. Per contra, learned counsel appearing for the respondent has opposed the prayer on the ground that investigation of the case is still under progress. 6. In the first information submitted by the de- facto complainant on 15.07.2025, he has alleged that, he is a lessee in respect of the property belonging to the City Municipal Council of Sirsi. Accused No.1 is working as a Revenue Officer and accused No.2 is a sitting member of the City Municipal Council, Sirsi. It is alleged that accused Nos.1 and 2 had issued notices to the defacto complainant threatening action against him. It is alleged that accused Nos.1 and 2 had demanded a bribe amount of ₹3,00,000/- - 5 - HC-KAR NC: 2025:KHC-D:10345 CRL.P No. 102991 of 2025 C/W CRL.P No. 102992 of 2025 from the defacto complainant and since he was not willing to pay the said amount, he approached the Karnataka Lokayukta police, and based on his first information, FIR was registered against accused Nos.1 and 2 in Crime No.5/2025. 7. In a trap that was held subsequently, accused Nos.1 and 2 were apprehended while receiving the bribe amount of ₹3,00,000/- from the de-facto complainant. The bribe amount which was recovered from accused Nos.1 and 2 was subjected to panchanama and accused Nos.1 and 2 were arrested on 15.07.2025 and produced before the Court on 16.07.2025. Major portion of the investigation in a trap case is completed on the date of trap itself. Petitioner No.1 is working as Revenue Officer in the City Municipal Council and petitioner No.2 is a sitting member of the City Municipal Council. Therefore there cannot be any apprehension that they may flee away from justice. Undisputedly, they did not have any criminal antecedents of similar nature. The maximum punishment - 6 - HC-KAR NC: 2025:KHC-D:10345 CRL.P No. 102991 of 2025 C/W CRL.P No. 102992 of 2025 for the alleged offence is imprisonment for a period of 7 years. 8. Under these circumstances, the prayer made by the petitioners for grant of regular bail is required to be answered in the affirmative. Accordingly the following: ORDER i. Petitions are allowed. ii. Petitioners are directed to be enlarged on bail in Crime No.5/2025 registered by Lokayukta Police, Karwar, for the offence punishable under Section 7(a) of Prevention of Corruption Act, 1988 (Amendment-2018), subject to the following conditions: i. The petitioners – accused shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the jurisdictional Court; ii. The petitioners shall appear regularly on all the dates of hearing before the Trial Court - 7 - HC-KAR NC: 2025:KHC-D:10345 CRL.P No. 102991 of 2025 C/W CRL.P No. 102992 of 2025 unless the Trial Court exempts their appearance for valid reasons; iii. The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioners shall not involve in similar offences in future. v. The petitioners 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 VMB CT:BCK LIST NO.: 1 SL NO.: 31