Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 77906 (KAR)

SRI SYED MUZAKIR A v. STATE OF KARNATAKA

CRL.P/12658/2025 · 2025-09-18

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:37489 CRL.P No. 12658 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12658 OF 2025 BETWEEN: SRI. SYED MUZAKIR A. AGED ABOUT 41 YEARS, S/O AKBAR, PANCHAYATH DEVELOPMENT OFFICER, MADUVINAKODI, KR PETE TALUK, MANDYA DISTRICT-571 405. …PETITIONER (BY SRI. SWAROOP SRINIVAS, ADVOCATE FOR SRI. SHETTY VIGNESH SHIVARAM, ADVOCATE) AND: STATE OF KARNATAKA BY KARNATAKA LOKAYUKTHA POLICE STATION, MANDYA, KARNATAKA-571 401. REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. KUMAR H.D., ADVOCATE FOR SRI. VENKATESH S. ARBATTI, SPL. PP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL ON CONDITIONS THIS COURT DEEMS FIT IN CRIME NO.07/2025 DATED 13.08.2025 FILED BY THE LOKAYUKTHA Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37489 CRL.P No. 12658 of 2025 P.S., MANDYA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 7(a) OF THE PREVENTION OF CORRUPTION ACT, 1988 (AMENDMENT ACT 2018) PENDING BEFORE THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA DISTRICT, SITTING AT SRIRANGAPATTANA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner/accused No.1 in Crime No.7/2025 of Lokayukta Police Station, Mandya, registered for the offence punishable under Section 7(a) of the PC Act, 1988 (Amendment Act, 2018) has preferred this petition under Section 483 of BNSS, 2023, to enlarge him on bail. 2. Heard both sides and perused the material on record. 3. Petitioner was arrested on 13.08.2025 along with accused No.2 and he is in custody since then. 4. In brief, it is the case of prosecution that the petitioner is working as a Panchayat Development Officer, Murukanahalli Village Panchayat. The complainant had - 3 - HC-KAR NC: 2025:KHC:37489 CRL.P No. 12658 of 2025 acquired certain property through a partition. For the purpose of mutation of revenue entries, when he approached the petitioner, he allegedly demanded a bribe of Rs.45,000/-. 5. Based on the above information, case was registered and a trap was laid on 13.09.2025. Accused No.2, working as a Bill collector in the Village Panchayat, at the instruction of accused No.1 received a bribe of Rs.20,000/- from the complainant. He retained a sum of Rs.1,000/- and handed over Rs.19,000/- to accused No.1. Both the accused were arrested and the amount received by them was recovered. 6. It is contended by the learned counsel for the petitioner that there are no records produced by the respondent Police to show that the complainant had actually handed over the money to the petitioner and there are no reliable eyewitnesses to justify the case of the respondent. Petitioner has no antecedents of being involved in similar act, though he has been working as - 4 - HC-KAR NC: 2025:KHC:37489 CRL.P No. 12658 of 2025 PDO since 2008. He contended that the work of the complainant for mutation of revenue entries was never delayed by the petitioner and upon receiving the application for change of revenue entries, he has acted as per law and initiated necessary procedure. He submits that the petitioner is the sole bread winner, having responsibility of taking care of his family consisting of minor children. He submitted, petitioner will furnish adequate surety and will undertake to cooperate with the investigation. 7. Learned counsel for the respondent has filed statement of objections. It is contended by him that petitioner has demanded illegal gratification from the complainant to transfer the Khata and the conversation has been recorded. The tainted currency has been recovered from accused No.1 as well as accused No.2 in the presence of panchas. He contended that there is a prima facie case against the petitioner and therefore, he is not entitled for bail. - 5 - HC-KAR NC: 2025:KHC:37489 CRL.P No. 12658 of 2025 8. Petitioner was arrested on 13.08.2025. He is in judicial custody since then. The prosecution case is based on the statement of the complainant, shadow witness, documentary evidence such as entrustment mahazar, trap mahazar and the resultant hand wash as well as the recorded conversation between the accused and the complainant. Major part of the investigation has been completed. Petitioner has no bad antecedents. The apprehension of the prosecution can be taken care of by imposing conditions. Accordingly, the following: ORDER i. Petition is allowed. ii. Petitioner/accused No.1 in Crime No.7/2025 of Lokayukta Police Station, Mandya, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the - 6 - HC-KAR NC: 2025:KHC:37489 CRL.P No. 12658 of 2025 likesum to the satisfaction of the jurisdictional Court. 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.: 52