Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:50511 CRL.P No. 15844 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15844 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN:
1.
SRI. MANJUNATH L S/O LATE LAKKATHIMMAIAH AGED ABOUT 34 YEARS, V.A.O, KYATHASANDRA CIRCLE, TUMAKURU TALUK – 572 104.
R/AT: DR. SARVAPALLI RADHA KRISHNA ROAD BANASHANKARI 2ND STAGE, TUMUKUR TALUK TUMKUR DISTRICT - 572 101.
(ADDRESS AS PER ANNEXURE-C)
…PETITIONER (BY SRI. VENKATRAMAN NAGAPPA NAIK, ADVOCATE)
AND:
1.
THE STATE BY LOKAYUKTA POLICE, TUMAKURU, REPRESENTED BY ITS SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU - 560 001.
…RESPONDENT (BY SRI. MANISH R, ADVOCATE FOR SRI. B B PATIL, ADVOCATE)
Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:50511 CRL.P No. 15844 of 2025
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO PETITIONER IN CRIME NO.9/2025, FOR THE OFFENCES PUNISHABLE UNDER SECTION 7(B), OF PREVENTION OF CORRUPTION ACT, 1988, (AMENDED 2018), REGISTERED BY THE RESPONDENT LOKAYUKTHA POLICE, TUMAKURU, PENDING BEFORE THE VII ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, TUMAKURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by the petitioner/sole accused under Section 483 of BNSS, 2023, praying to grant bail in Crime No.9/2025 of Lokayukta Police, Tumakuru, registered for the offence punishable under Section 7(b) of Prevention of Corruption Act, 1988. (for short P.C.Act).
2. Heard Sri. Venkatraman Nagappa Naik,
learned counsel appearing for petitioner and Sri. Manish
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HC-KAR NC: 2025:KHC:50511 CRL.P No. 15844 of 2025
R., learned counsel appearing for Sri. B.B. Patil, learned counsel for respondent.
3.
Learned counsel for the petitioner contends that, prior to registering the case, the Investigating Officer has handed over the voice recorder to the complainant. There is a delay of 01 month 10 days in filing the complaint. The work of the complainant was not pending as on the date of trap i.e., on 04.11.2025. As per the statement of Tahasildar, work of the complainant was completed on 31.10.2025. In trap cases, the major portion of the investigation will be over on the day of trap itself. The petitioner is in custody since 04.11.2025 and therefore, he is not required for further custodial interrogation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. Making such submissions, the
learned counsel for the petitioner prays to allow the petition.
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HC-KAR NC: 2025:KHC:50511 CRL.P No. 15844 of 2025
4. Per Contra, the
learned counsel for respondent referring to his statement of objections and documents produced submits that, the conversation between the complainant and the petitioner is reduced into writing in pre-trap mahazar which clearly indicates the demand of bribe by the petitioner. The petitioner was caught at the time of trap while receiving bribe of Rs.10,000/- from the complainant. So, merely work was over, is not a criteria to consider the case of the prosecution. The delay is not enough to discard the case of the complainant. Making such submissions, the
learned counsel for the respondent prays to reject the petition.
5. Having heard learned counsels for the respective parties, this Court has perused the averments of the complaint and other documents placed on record.
6. The petitioner was working as a Village Accountant, the complainant had filed an application
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HC-KAR NC: 2025:KHC:50511 CRL.P No. 15844 of 2025
seeking for transfer of khatha of lands bearing Sy.No.149/2 and Sy.No.149/3, situated at Mydala Village, after death of his grandfather in the name of his father. For approving the said khatha, the petitioner is stated to have demanded bribe amount of Rs.25,000/-. The conversation between the petitioner and the complainant has been recorded in the mobile phone of the complainant. The said conversation has been reduced into writing in a pre-trap mahazar. The trap has been laid on 04.11.2025 and petitioner is found receiving the bait amount of Rs.10,000/- from the complainant. So, trap mahazar has been drawn, documents have been seized from the office of the petitioner. The petitioner has been arrested on 04.11.2025 and he is in judicial custody since then. Therefore, in cases of trap, major portion of the investigation will be completed on the date of trap itself, except receiving the F.S.L report. The petitioner is in judicial custody since 04.11.2025 and therefore, he is
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HC-KAR NC: 2025:KHC:50511 CRL.P No. 15844 of 2025
not required for further custodial interrogation. The petitioner is working as a Village Accountant and his presence can be secured easily for further investigation and Trial. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following:
ORDER
1. The Criminal Petition is allowed.
2. The petitioner is granted bail in Crime No.9/2025 of Lokaytha Police, Tumakuru, for the offence punishable under Section 7(b) of P.C.Act, 1988, subject to following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for
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HC-KAR NC: 2025:KHC:50511 CRL.P No. 15844 of 2025
the likesum of the satisfaction of the Trial Court.
ii. The petitioner shall not tamper the prosecution witnesses either directly or indirectly.
iii. The petitioner shall co-operate with the Investigating Officer in further investigation, if any.
iv. The petitioner shall attend the Trial Court on all hearing dates unless exempted and co-operate for the speedy disposal of the case.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
NM List No.: 1 Sl No.: 12