- 1 - HC-KAR NC: 2025:KHC:32353 WP No. 14799 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.14799 OF 2025 (GM-RES) BETWEEN: RAGHAVENDRA M G S/O GOVINAPPA, AGED ABOUT 48 YEARS, OCCUPATION: FDA, (NOW UNDER SUSPENSION) R/AT 10-14, MADDODI HOUSE, MAYYADI, BYNDOOR, KUNDAPURA, UDUPI - 576 214. …PETITIONER (BY SRI. P. PRITHVI KIRAN SETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY LOKAYUKTA POLICE, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. SRI. HITESH BHANDARY, AGED ABOUT 60 YEARS, S/O LATE YALLAPPA BHANDARI, 'KALAKRITI', INNANJE VILLAGE, DOOR NO.3-166 (1), KAPU TALUK, UDUPI DISTRICT - 576 122. …RESPONDENTS (BY SRI. B. S. PRASAD, ADVOCATE FOR R1; VIDE ORDER DATED 06.08.2025 NOTICE TO R2 IS DEFERRED WITH FOR THE TIME BEING) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32353 WP No. 14799 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE FIR DATED 16.11.2024 REGISTERED AGAINST THE PETITIONER BY THE LOKAYUKTA POLICE, UDUPI IN CR. NO. 04/2024 FOR THE OFFENCES PUNISHABLE UNDER SEC 7(a) OF THE PREVENTION OF CORRUPTION ACT, 1988 (AMENDMENT ACT 2018) INSOFAR AS IT PERTAINS TO THE PETITIONER HEREIN, ON THE FILE OF THE HON'BLE PRL. DISTRICT AND SESSIONS JUDGE, UDUPI AT ANNEXURE-A. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This writ petition is filed seeking quashing of the FIR dated 16.11.2024 registered by the Lokayukta Police, Udupi in Crime No.04/2024 for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 (Amendment Act, 2018) on the file of the Principal District and Sessions Judge, Udupi at Annexure-A. 2. The petitioner, who is arrayed as accused No.2, has approached this Court seeking quashing of the criminal proceedings initiated against him. The facts, in - 3 - HC-KAR NC: 2025:KHC:32353 WP No. 14799 of 2025 brief, as alleged in the complaint lodged by respondent No.2–complainant, namely Hitesh Bhandary, who was serving as a Government Teacher and retired from service on 30.06.2024 on attaining the age of superannuation, are that after his retirement, the necessary documents relating to his pensionary benefits and retirement claims were forwarded to the Office of the Commissioner. However, after a lapse of more than one and a half months, the Office of the Commissioner issued an intimation letter along with the relevant details regarding his retirement benefits. 3. The grievance of the complainant, as narrated in the complaint, is that though his retirement file was processed by accused Nos.1 and 2, accused No.1 demanded illegal gratification for forwarding the said file and for taking further steps in relation to the release of his pensionary benefits. Being aggrieved by such demand, respondent No.2 lodged a formal complaint before respondent No.1 – the competent authority. Acting upon - 4 - HC-KAR NC: 2025:KHC:32353 WP No. 14799 of 2025 the said complaint, a trap was laid. In the course of the trap proceedings, accused No.1 was apprehended red- handed while accepting a bribe of Rs.5,000/- from the complainant. 4. The specific contention of the petitioner – accused No.2 is that his role was limited to preparing and processing the file and placing it before accused No.1, who alone was the competent officer to take the final decision. According to the petitioner, he neither demanded nor accepted any bribe from the complainant. It is urged that the demand was exclusively made by accused No.1 and it was accused No.1, who was caught red-handed in the trap. Therefore, the petitioner - accused No.2 asserts that no material exists against him and that continuation of proceedings against him would amount to sheer abuse of the process of law. 5. On the other hand, learned Special Counsel appearing for respondent No.1, placing reliance upon the - 5 - HC-KAR NC: 2025:KHC:32353 WP No. 14799 of 2025 call detail records collected during the course of investigation, submits that there are materials indicating that the petitioner-accused No.2 was also involved in the transaction. It is the submission of the learned Special Counsel that though the bribe was physically received by accused No.1, the demand was made jointly on behalf of both accused Nos.1 and 2 and the petitioner cannot, at this stage, be absolved of his involvement. It is further submitted that the call records, prima-facie, disclose that accused No.2 was in constant touch with accused No.1 and the complainant during the relevant period, thereby suggesting his complicity. The learned Special Counsel has also fairly submitted that the investigation is still in progress and the FSL report and other materials are awaited. In the event no material surfaces against the petitioner during the course of investigation, appropriate steps would be taken to drop proceedings against him in accordance with law. - 6 - HC-KAR NC: 2025:KHC:32353 WP No. 14799 of 2025 6. Having regard to the rival contentions and on careful perusal of the complaint as well as the charge sheet material placed on record, this Court is of the considered opinion that the investigation is at a nascent stage and the offences alleged are under the Prevention of Corruption Act, 1988, which are serious in nature. Whether the petitioner-accused No.2 had a direct role in the demand and acceptance of the bribe or whether he merely processed the file, as contended, are matters that require thorough investigation and cannot be conclusively adjudicated at this stage. This Court finds merit in the submission of the learned Special Counsel that the call detail records and further investigative materials require evaluation before forming a final opinion regarding the culpability of the petitioner. 7. In the light of these circumstances, this Court is of the firm view that the prayer of the petitioner - accused No.2 seeking quashing of proceedings at this stage cannot be acceded to. Interference at this juncture would stifle a - 7 - HC-KAR NC: 2025:KHC:32353 WP No. 14799 of 2025 fair and proper investigation. The petitioner - accused No.2, if ultimately found not involved, will stand discharged by the competent authority. At present, however, no case is made out for quashing of proceedings. Accordingly, the petition stands dismissed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 23