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2025 DAILYLAW 71440 (KAR)

PRASHANTH H M v. STATE OF KARNATAKA

CRL.P/10680/2025 · 2025-08-19

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32154 CRL.P No. 10680 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 10680 OF 2025 BETWEEN: PRASHANTH H.M. S/O MANJAPPA, AGED ABOUT 43 YEARS, JUNIOR ENGINEER, MESCOM, MATTIGATTA SECTION OFFICE, KADUR TALUK, R/O SOMESHWARA NAGARA BEHIND TVS SHOW ROOM, KADUR. PRASHANTH H.M. AGED ABOUT 43 YEARS, S/O MANJAPPA, RAJAJI NAGARAR, BIRUR, BIRUR (RURAL) CHICKMAGALUR, BIRUR, KARNATAKA-577 116. ...PETITIONER (BY SRI. UTSAV GOWDA P.S., ADVOCATE) AND: STATE OF KARNATAKA BY LOKAYUKTHA P.S. CHIKKAMGALURU REP BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE. …RESPONDENT (BY SRI. LETHIF B., SPL. PP) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32154 CRL.P No. 10680 of 2025 THIS CRL.P IS FILED U/S.439 CR.P.C (FILED U/S.483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL FOR THE OFFENCE PUNISHABLE UNDER SECTION 7(b) OF PREVENTION OF CORRUPTION ACT REGISTERED BY LOKAYUKTHA P.S. IN CRIME NO.7/2025 ON THE FILE OF PRL. DIST. AND SESSIONS JUDGE AT CHIKKMAGALURU. 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 learned counsel for petitioner, learned Special Prosecutor for respondent/State and perused the material on record. 2. A Case in Crime No.7/2025 is registered against the petitioner for the offence punishable under Section 7(b) of PC Act, 1988 (Amendment Act, 2018), on a complaint lodged by one Sri Devaraju T. 3. The learned Sessions Judge has dismissed the bail application of the petitioner vide order dated 17.07.2025. Hence, this petition. - 3 - HC-KAR NC: 2025:KHC:32154 CRL.P No. 10680 of 2025 4. It is alleged that the petitioner working as a Junior Engineer MESCOM Mathigatta demanded a bribe of Rs.20,000/- from the complainant, an electrical contractor, entrusted with an electric contract work under Ganga Kalyana Scheme, and he was caught red hand while accepting a bribe of Rs.9,000/-. 5. As per complaint averments, in connection with the work entrusted to the complainant, when he approached the accused to discuss about the execution of the contract, accused demanded Rs.20,000/- and later reduced the demand to Rs.9,000/-. Demand made on multiple times over phone were recorded by the complainant and while receiving the tainted currency, accused was apprehended by the Lokayukta Police. 6. Learned Special Prosecutor has filed statement of objections. He has contended that the recorded conversations clearly indicate that there was demand made by the accused and the trap mahazar proves recovery of tainted currency from him. He submits that the - 4 - HC-KAR NC: 2025:KHC:32154 CRL.P No. 10680 of 2025 FSL report regarding hand wash test is pending and the petitioner being the custodian of the documents, if released on bail, may tamper with the evidence. He has therefore, sought to dismiss the petition. 7. One of the contentions raised by the learned counsel for petitioner is that the voice recorder given to the complainant to record the conversations prior to trap mahazar, did not contain any material to show that the petitioner has demanded bribe from the complainant. It is his further contention that there was no work pending with the petitioner, as the file was already sent to the Assistant Engineer and therefore, question of demanding and accepting bribe would not arise. It is therefore contended that the ingredients of the offence are not attracted and therefore, the petitioner is innocent of the alleged offence. 8. From the material on record it cannot be said that there is no prima facie case against the petitioner. It is submitted by the learned counsel that the petitioner has been suspended from service, which is not disputed. The - 5 - HC-KAR NC: 2025:KHC:32154 CRL.P No. 10680 of 2025 prosecution has to establish its case against the petitioner during trial. The offence alleged is not punishable with death or imprisonment for life. He is not required for further interrogation. He has no criminal antecedents. Investigation is completed and charge sheet is filed. Hence, by imposing suitable conditions, petitioner can be released on bail. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused in Crime No.07/2025 of Lokayuktha Police Station, Chikkamagalur, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 6 - HC-KAR NC: 2025:KHC:32154 CRL.P No. 10680 of 2025 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court on every date of hearing without fail. Violation of any of the above condition shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 35