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2025 DAILYLAW 81167 (KAR)

SRI. A. CHANDRAKANTH v. STATE OF KARNATAKA

CRL.P/12697/2025 · 2025-09-24

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38479 CRL.P No. 12697 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12697 OF 2025 BETWEEN: SRI. A. CHANDRAKANTH CHIEF OFFICER, PATTANA PANCHAYATH, KOPPA S/O AYITHRA AGED ABOUT 54 YEARS R/AT #6, BLOCK NO.2 SMR COMPLEX OPP MELINAPETE MASJID MELINAPETE, KOPPA TOWN CHIKKAMAGALURU - 577 126 ALSO R/AT AMBEDKAR NAGARA HOSANAGARA TOWN AND TALUK SHIVAMOGGA - 577 201 …PETITIONER (BY SRI. MAHESH KIRAN SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHIKKAMAGALURU RURAL POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001 2. SRI GURUSAI D. L. S/O L. S. DEVANANDA AGED ABOUT 29 YEARS R/AT NO. 42, 1ST FLOOR, 1ST MAIN ROAD, 2ND CROSS, SANVI EXTENSION, BOMMANAKATTE SHIVAMOGGA - 577 201 Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38479 CRL.P No. 12697 of 2025 ALSO AT USHA NURSING HOME, 100 FT ROAD, VINAYAKA NAGAR NEAR MARIKAMBA TEMPLE SHIVAMOGGA - 577 201 …RESPONDENTS (BY SRI. B. LETHIF, SPL.PP) THIS CRIMINAL PETITION IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH CRIME NO.8/2025 REGISTERED BY THE LOKAYUKTHA POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 7(a) OF THE PREVENTION OF CORRUPTION ACT, 1988 (AMENDMENT ACT, 2018) PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE AT CHIKKAMAGALURU. 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 Spl.Public Prosecutor for respondent / Lokayukta Police and perused the material on record. 2. This petition is preferred under Section 483 of BNSS, 2023 by the petitioner/accused in Crime No.8/2025 of Lokayukta Police Station, Chikkamagaluru registered for the offence punishable under Section 7(a) of the - 3 - HC-KAR NC: 2025:KHC:38479 CRL.P No. 12697 of 2025 Prevention of Corruption Act, 1988 (Amendment Act, 2018). Brief Facts: 3. Complainant - Sri Gurusai D.L. is a Civil Contractor. On 21.10.2024, the Koppa Town Panchayath had invited tender in Karnataka Public Procurement Portal for road work at Market Road and Vivekananda Road under the Town Panchayath limits. In the tender proceedings, complainant was the successful bidder, bid amount being Rs.7,59,106.02. He entered into an agreement with Koppa Town Panchayath and work order was issued on 03.12.2024. The work was completed in the month of January - February, 2025. After completion of the work when the complainant approached the petitioner - Chief Officer of Koppa Town Panchayat, he demanded Rs.50,000/- bribe to pass the said bill. The said conversation was recorded by the complainant. Unwilling to pay the amount, complainant lodged a complaint with the Lokayukta Police. A pre-trap mahazar - 4 - HC-KAR NC: 2025:KHC:38479 CRL.P No. 12697 of 2025 was conducted. Trap was laid on 12.08.2025. The complainant along with shadow witnesses and the Lokayukta Police went to the Town Panchayat Office, Koppa. When the complainant approached the accused, he once again demanded the bribe. The said conversation was also recorded. The accused while accepting bribe of Rs.25,000/-, was trapped. A trap mahazar was drawn and accused was arrested. 4. Learned counsel for the petitioner contended that necessary ingredients of the offence alleged are not made out. There is no demand and acceptance of bribe and even according to the prosecution, tainted currency was not found in the exclusive possession of the petitioner, but it was in the table drawer. He contended that petitioner is innocent and he has been implicated in a false case. He contended that the alleged pre-trap mahazar and trap mahazar are contradicting each other and the manner in which the trap is conducted is illegal. Learned counsel for - 5 - HC-KAR NC: 2025:KHC:38479 CRL.P No. 12697 of 2025 petitioner submits that petitioner has been suspended from service. 5. The learned counsel further submitted that the entire investigation has been completed, petitioner is in judicial custody from 12.08.2025. He is not required for further interrogation. Therefore, by imposing any condition, he may be enlarged on bail. 6. Learned Spl.Public Prosecutor appearing for the respondent has filed statement of objections. He has vehemently contended that the conversation between the complainant and the accused has been recorded in the voice recorder and the tainted currency has been recovered at the instance of the petitioner. He contended that in view of the statement of the complainant, shadow witnesses and resultant hand wash, there is a prima-facie case against the petitioner. He contended that the custody of the petitioner is very much required till completion of investigation and if he is released on bail, at this stage, he - 6 - HC-KAR NC: 2025:KHC:38479 CRL.P No. 12697 of 2025 may tamper with the documents and the witnesses. He, therefore, sought to dismiss the petition. 7. A perusal of the material on record, shows that there was a complaint filed against the petitioner before the respondent / Lokayukta Police subsequent to which a trap was laid and tainted currency of Rs.25,000/- was recovered at the instance of the petitioner. The prosecution is relying on the statement of the complainant, shadow witnesses, trap mahazars, conversation between the petitioner and the complainant, resultant hand wash of the petitioner. It is alleged that the petitioner, working as Chief Officer of Town Panchayath, Koppa, demanded Rs.50,000/- bribe to clear the bill and while accepting a sum of Rs.25,000/-, he was trapped by the respondent / Lokayukta Police. 8. Petitioner is in judicial custody from 12.08.2025. Major part of the investigation has been completed. He has undertaken to furnish sufficient surety to ensure his presence before the trial Court and to co-operate with the - 7 - HC-KAR NC: 2025:KHC:38479 CRL.P No. 12697 of 2025 investigation. Hence, by imposing suitable conditions, petitioner can be enlarged on bail. Accordingly, the following: ORDER Petition is allowed. Petitioner/accused in Crime No.8/2025 of Lokayukta Police Station, Chikcmagaluru shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakh only) with two sureties for the 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 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from - 8 - HC-KAR NC: 2025:KHC:38479 CRL.P No. 12697 of 2025 disclosing such facts to the Court or to any police officer or tamper with the evidence. 4. He shall not leave the jurisdiction of the trial Court without prior permission of the learned Sessions Judge. 5. He shall not tamper with the prosecution witnesses either directly or indirectly. 6. He shall appear before the trial Court on all dates of hearing without fail. Violation of condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE DKB List No.: 1 Sl No.: 36