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2025 DAILYLAW 77135 (KAR)

UTTAM B K v. THE STATE OF KARNATAKA

CRL.P/11819/2025 · 2025-10-09

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39721 CRL.P No. 11819 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 11819 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: UTTAM B K S/O KARIBASAPPA B.A., AGED ABOUT 46 YEARS, EXECUTIVE OFFICER, TALUK PANCHAYATH CHANNAGIRI, DAVANAGERE DISTRICT-577 101 PERMANENT R/O. THERINA BEEDI, BADAVANAHALLI, BADAVANAHALLI POST, DODDERI HOBLI, MADUGIRI TALUK, TUMAKUR DISTRICT-576 101. …PETITIONER (BY SRI. YADUNANDAN N., ADVOCATE) AND: THE STATE OF KARNATAKA LOKAYUKTA POLICE, DAVANAGERE DAVANAGERE DISTRICT REP. BY SPP HIGH COURT BUILDING, BENGALURU-560 001. …RESPONDENT (BY SRI. KUMAR H.D., ADVOCATE FOR SRI. VENKATESH S. ARABATTI, ADVOCATE) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF ARREST PURSUANT TO FIR REGISTERED IN CRIME NO.03/2025 OF LOKAYUKTA POLICE, DAVANAGERE FOR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39721 CRL.P No. 11819 of 2025 THE OFFENCES PUNISHABLE UNDER SECTION 7(a) OF THE PREVENTION OF CORRUPTION ACT 1988 (AMENDED ACT, 2018). 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 –accused No.1 under Section 482 of BNSS seeking grant of anticipatory bail in Crime No.3/2025 of Lokayukta Police Station, Davangere registered for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988. 2. Heard learned counsel for the petitioner and learned Special Public Prosecutor for the respondent. 3. Learned counsel for the petitioner would contend that the petitioner has not demanded any bribe/money from the complainant. There is no any conversation between the petitioner and complainant. At the time of trap also, the petitioner has refused to entertain the complainant and receiving bribe/money from him. The petitioner has co-operated with the Investing - 3 - HC-KAR NC: 2025:KHC:39721 CRL.P No. 11819 of 2025 Officer in the investigation. The petitioner is not required for any custodial interrogation and the petitioner is ready to co-operate with the Investigating Officer in further investigation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. On these grounds, he prays to allow the petition and grant anticipatory bail to the petitioner –accused No.1. 4. Per contra learned Special Public Prosecutor for the respondent would contend that at the instance of the petitioner -accused No.1, accused No.2 has demanded bribe from the complainant for revoking the suspension order passed by the petitioner –accused No.1. There is conversation recorded between accused No.2 and the complainant. He submits that major portion of investigation has been completed and the petitioner has co-operated with the Investigating Officer in the investigation. With these, he prays for dismissal of the petition. - 4 - HC-KAR NC: 2025:KHC:39721 CRL.P No. 11819 of 2025 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. The petitioner is working as Executive Officer in Taluk Panchayath, Channagiri. The complainant who was working as Superintendent of the Gram Panchyath Library, Channagiri was suspended. The petitioner alleged to have demanded bribe from the complainant through his driver – accused No.2. The trap has been laid. During the trap the petitioner –accused No.1 has sent back the complainant and refused to receive the money/bribe from him. As per submission of learned counsel for the respondent, the petitioner –accused No.1 has co-operated with the Investigating Officer in the investigation. The major portion of the investigation is already completed. Considering the same, the petitioner is not required for custodial interrogation. The petitioner is Executive Officer and he is available for further investigation. The offence alleged against the petitioner is not punishable with either - 5 - HC-KAR NC: 2025:KHC:39721 CRL.P No. 11819 of 2025 death or imprisonment for life. The petitioner has undertaken to co-operate with the Investigation Officer in further investigation. The petitioner has made out case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The petitioner –accused No.1 is granted anticipatory bail in Crime No.3/2025 of Lokayukta Police Station, Davangere registered for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 subject to following conditions; a. The petitioner –accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/-(rupees one lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer; - 6 - HC-KAR NC: 2025:KHC:39721 CRL.P No. 11819 of 2025 b. The petitioner –accused No.1 shall appear before the Investigating Officer within 10 days from this day and execute the bail bond and furnish surety; c. The petitioner –accused No.1 shall co-operate with the Investigating Officer in further investigation; d. The petitioner –accused No.1 shall not tamper prosecution witnesses. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 26