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2025 DAILYLAW 67889 (KAR)

SMT.SAVITHRI BAI J.K. v. STATE OF KARNATAKA THROUGH

CRL.P/11382/2025 · 2025-09-03

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34621 CRL.P No. 11382 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11382 OF 2025 BETWEEN: SMT.SAVITHRI BAI J. K. W/O B.S. VIJAYKUMAR, AGED ABOUT 55 YEARS, WPSI, GOVINDAPURA P.S, BENGALURU CITY. R/AT. NO.12, 2ND CROSS, CIL LAYOUT, CHOLANAYAKANHALLI, NEAR HEBBAL POLICE STATION, BENGALURU - 560 032. …PETITIONER (BY SRI. PARAMESHWAR N. HEGDE, ADVOCATE) AND: STATE OF KARNATAKA THROUGH LOKAYUKTA POLICE, BENGALURU CITY DIVISION, REP. BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE-01. …RESPONDENT (BY SRI. B.B. PATEL., SPL. PP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER (ACCUSED) ON BAIL IN CR.NO.38/2025 REGISTERED BY RESPONDENT Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34621 CRL.P No. 11382 of 2025 (LOKAYUKTHA P.S BENGALURU CITY DIVISION) FOR THE O/P/U/S 7(a) OF PREVENTION OF CORRUPTION ACT 1988 (AMENDED) AND PENDING ON THE FILE OF XXIII ADDL.CITY CIVIL AND SESSIONS JUDGE CUM SPECIAL JUDGE FOR (P.C. ACT) BENGALURU (CCH-24). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the arguments of learned counsel for petitioner, learned Special Prosecutor for respondent / Lokayukta police and perused the material on record. 2. Petitioner is the sole accused arrested in connection with a case registered in Crime No.38/2025 by the Lokayukta Police, Bangalore City for an offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988. 3. In brief, the allegations are that there was a case registered against the first informant by name Sri. Muhammad Yunus, in Crime No.144/2025 at - 3 - HC-KAR NC: 2025:KHC:34621 CRL.P No. 11382 of 2025 Govindapura Police Station, under Section 115(2), 351(2), 352 and 74 of BNS 2023. The petitioner, working as a WPSI, demanded a bribe of Rs.3,00,000/- to close the said case and brought down the demand to Rs.1,25,000/- i.e., Rs.1,00,000/- for the Police Inspector and Rs.25,000/- to herself. On registering a case against the petitioner, a trap was laid on 21.07.2025. Petitioner was arrested by the Lokayukta police and the tainted currency of Rs.1,25,000 was recovered from the drawer. 4. The learned Special Prosecutor has filed statement of objections. He contended that the Petitioner being a public servant, has demanded and accepted bribe from the complainant, conversations between the petitioner and complainant are recorded and the hand wash solution also confirmed that the petitioner has received the bribe. He therefore, contended that there is a prime-facie case against the petitioner and in the event of her release, she being a police officer, may destroy the evidence and tamper with the prosecution witnesses. - 4 - HC-KAR NC: 2025:KHC:34621 CRL.P No. 11382 of 2025 5. It is the contention of the learned counsel for petitioner that the currency notes were not found in the exclusive possession of the petitioner, on the other hand, it was recovered from the drawer and the allegations that the petitioner has demanded and accepted bribe is a matter of trial. He contended that the petitioner is a woman, she has worked until now, without any black mark. He contended, against the complainant, two cases are registered, one at K.J. Halli Police Station and one at Govindapura Police Station and he has come up with a false complaint against the petitioner. He submits that the petitioner will undertake to abide by any conditions which may be imposed by the Court. 6. From the material placed on record, it cannot be said at this stage that there is no prima-facie against the petitioner. However, major part of the investigation has been completed. This Court vide order dated 07.08.2025, released the petitioner on interim bail to - 5 - HC-KAR NC: 2025:KHC:34621 CRL.P No. 11382 of 2025 attend the funeral ceremony of her father-in-law. The said order is still in force. 7. The Prosecution has to establish its case against the petitioner in a full-fledged trial. Petitioner has been interrogated and not required for further interrogation. If at all, the presence of the petitioner is necessary for any further investigation, suitable conditions can be imposed. Petitioner has undertaken to furnish adequate surety to ensure her presence before the Investigating Officer / the Trial Court. Hence the following:- ORDER i) Petition is allowed. ii) Petitioner/accused in Crime No.38/2025 of Lokayukta Police Station, Bengaluru City, pending on the file of the Court of XXIII Additional City Civil and Sessions Judge Cum Special Judge for Bengaluru, shall be enlarged on bail, subject to following conditions: - 6 - HC-KAR NC: 2025:KHC:34621 CRL.P No. 11382 of 2025 1. She shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. She shall furnish proof of her residential address and shall inform the Court, if there is change in the address. 3. She shall not directly or indirectly make inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer or tamper with the evidence. 4. She shall not travel outside the country, without prior approval of the Court. 5. She shall appear before the trial Court regularly on all dates of hearing. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 36 CT-SG