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2025 DAILYLAW 77512 (KAR)

NAGARAJU v. THE STATE OF KARNATAKA

CRL.P/14942/2025 · 2025-12-02

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50138 CRL.P No. 14942 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14942 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. NAGARAJU S/O VENKATANARASAIAH, AGED ABOUT 56 YEARS, WORKING AS HEAD MASTER, HAVANURU RURAL HIGH SCHOOL, MADALURU VILLAGE, SIRA TALUK, R/AT SIDDAGANGA EXTENSION, TUMKAURU - 572101. …PETITIONER (BY SRI. A.N. RADHA KRISHNA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY LOKAYUKTHA POLICE, TUMAKURU, REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, FOR LOKAYUKTHA, HIGH COURT BUILDINGS, 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 - 2 - HC-KAR NC: 2025:KHC:50138 CRL.P No. 14942 of 2025 THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CR.NO.7/2025 OF LOKAYUKTHA POLICE, TUMAKURU, FOR THE OFFENCES PUNISHABLE UNDER SECTION 7(a) OF P.C ACT, 1988 PENDING ON THE FILE OF THE LEARNED VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL COURT FOR LOKAYUKTHA. 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 sole accused under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.7/2025 of Lokayukta Police, Tumakuru registered for the offence punishable under Section 7(a) of Prevention of Corruption Act, 1988. 2. The learned counsel for petitioner and learned counsel for respondent. 3. The learned counsel for petitioner would contend that, the allegation against the petitioner is that, he demanded Rs.23,000/- for sanction of paternity and earned leave to the complainant. The said conversation - 3 - HC-KAR NC: 2025:KHC:50138 CRL.P No. 14942 of 2025 recorded in the mobile phone has now been seized, which is transferred to memory card. There is no trap. The petitioner is in custody since 09.10.2025 and as major portion of the investigation is over, he is not required for any custodial interrogation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. With this, he prayed to allow the petition. 4. Per contra, the learned counsel for the respondent would contend that, there is demand and acceptance of bribe. The petitioner being Headmaster of the school for sanction of paternity and earned leave has demanded Rs.23,000/- from the complainant. The complainant as per instructions of the petitioner has transferred a sum of Rs.23,000/- by phone pay to one Lohit as directed by the petitioner. The statement of the said Lohit has been recorded. The investigation is in crucial stage. The petitioner being the headmaster of the school - 4 - HC-KAR NC: 2025:KHC:50138 CRL.P No. 14942 of 2025 may tamper the prosecution witnesses and hamper the investigation. With this, he prayed to reject the petition. 5. Having heard the learned counsel, the Court has perused the FIR, complaint and other materials placed on record. 6. The case of prosecution is that, the complainant has applied for grant of paternity leave for fifteen days and earned leave for five days. The petitioner being Headmaster of the school wherein the complainant is working as Second Division Assistant stated to have demanded Rs.23,000/- as a bribe for sanction of paternity and earned leave. The alleged demand made by the petitioner is stated to have been recorded by the complainant in his mobile and memory card has been seized. There is no trap. As per the learned counsel for the respondent, the amount of bribe of Rs.23,000/- has been transferred by the complainant to one Lohith, son of Guru, as per instructions of the petitioner by phone pay. The - 5 - HC-KAR NC: 2025:KHC:50138 CRL.P No. 14942 of 2025 statement of the said Lohith is already recorded. Considering said aspect, the major portion of the investigation is over. The petitioner is in custody since 09.10.2025. As major portion of the investigation is over, he is not required for further custodial interrogation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner being headmaster can be secured easily for further investigation and trial. The apprehension of the prosecution is that, if the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses can be met with by imposing stringent conditions. 7. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: ORDER i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:50138 CRL.P No. 14942 of 2025 ii) The petitioner is granted bail in Crime No.7/2025 of Lokayukta Police, Tumakuru registered for the offence punishable under Section 7(a) of Prevention of Corruption Act, 1988 subject to following conditions. a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Trial Court. b) The petitioner shall co-operate with the Investigating Officer in further investigation. c) The petitioner shall attend the Trial Court on all dates of hearing, unless exempted and cooperate for speedy disposal of the case. d) The petitioner shall not threaten the complainant and other prosecution witnesses either directly or indirectly. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 10