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2025 DAILYLAW 87241 (KAR)

SAHEBANNA BHIMARAYA KUDALAGI v. THE STATE OF KARNATAKA

CRL.P/14264/2025 · 2025-11-13

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:46412 CRL.P No. 14264 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 14264 OF 2025 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. SAHEBANNA BHIMARAYA KUDALAGI AGED ABOUT 50 YEARS, S/O BHIMARAYA R/A OPPOSITE TO KANNADA SCHOOL NALATAWAD ROAD, HIREMURAL VIJAYAPURA, KARNATAKA – 586 124. …PETITIONER (BY SRI. RAGHAVENDRA N,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KARNATAKA LOKAYUKTHA POLICE, DAKSHINA KANNADA DISTRICT (MANGALURU) REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU – 560 001. …RESPONDENT (BY SRI.PRAKASH R GARASANG ADVOCATE FOR SRI B.B. PATIL, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 438 Cr.P.C (U/S 482 BNSS) PRAYING TO ALLOW THIS PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO.2 IN CR.No.9/2025 DTD 28.08.2025, PENDING BEFORE III ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALORE, FOR THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46412 CRL.P No. 14264 of 2025 OFFENCES PUNISHABLE UNDER SECTIONS 7(a),7(c),12 OF THE P.C ACT, 1988 (AMENDMENT ACT, 2018) BY KARNATAKA LOKAYUKTHA POLICE, D.K DISTRICT, MANGALORE. 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.2 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.9/2025 of Karnataka Lokayukta Police Station, Mangaluru registered for offences punishable under Sections 7(a), 7(c) and 12 Prevention of Corruption Act, 1988. 2. Heard learned counsel for the petitioner and learned counsel for the respondent. 3. Learned counsel for the petitioner would contend that the petitioner took charge of the post of Tahsildar, Puttur on 16.07.2025 and he was not aware of any application filed by the Purushottam, the uncle of the first informant on 03.12.2024. The demand of bribe is stated to be made by the case worker. The file was with - 3 - HC-KAR NC: 2025:KHC:46412 CRL.P No. 14264 of 2025 the case worker. The petitioner has been falsely implicated in the case. There is no conversation between petitioner and the first informant. The petitioner is working as Tahsildar and he is ready to co-operate with the Investigating Officer in the investigation and abide by any conditions to be imposed by this Court. With this, he prays to allow the petition. 4. Per contra, learned counsel for the respondent would contend that the case worker with whom the work of the uncle of complainant was pending has demanded bribe from the complainant to get his work done stating that he has to pay RS.10,000/- to Tahsildar. The trap is laid on the case worker and he caught red handed at the time of receiving bait amount and trap mahazar has been drawn. The presence of the petitioner is required for custodial interrogation. With this, he prayed to reject the petition. - 4 - HC-KAR NC: 2025:KHC:46412 CRL.P No. 14264 of 2025 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. The uncle of the complainant namely Purushottam has filed application in the office of Tahsildar on 03.12.2024 seeking no objection certificate for transfer of the agricultural land. Accused No.1 was the case worker and the file was pending with the case worker. It is stated in a complaint that case worker demanded bribe from the complainant stating that he has to give Rs.10,000/- to Tahsildar. The petitioner is stated to have taken charge as Tahsildar on 16.07.2025. In the complaint, it is stated that the case worker is troubling the complainant since 07 months for issuance of no objection certificate. The petitioner is working as Tahsildar and he can be secured easily for investigation. The petitioner has undertaken to co-operate with the Investigating Officer in the investigation. Offences alleged against the petitioner are not punishable either with death or imprisonment for life. - 5 - HC-KAR NC: 2025:KHC:46412 CRL.P No. 14264 of 2025 Considering the above aspects, 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 is ordered to be released on bail in the event of his arrest in Crime No.9/2025 of Karnataka Lokayukta Police Station, Mangaluru subject to following conditions; a) The petitioner –accused No.2 shall voluntarily appear before the Investigating Officer within 10 days from this day and execute bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer. b) The petitioner –accused No.2 shall co-operate with the Investigating Officer in the investigation. - 6 - HC-KAR NC: 2025:KHC:46412 CRL.P No. 14264 of 2025 c) The petitioner –accused No.2 shall not directly or indirectly make an inducement or threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such a facts to the court or police officer or tamper with evidence. d) The petitioner –accused No.2 shall appear before the Investigating Officer whenever called for. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 13