- 1 - HC-KAR NC: 2025:KHC:51965 CRL.P No. 16216 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16216 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. SWAMY B C S/O CHANDRAPPA B.N AGED ABOUT 40 YEARS A.E.E.,P.R.E.D, DEPARTMENT TIPTUR TOWN TUMKUR DISTRICT – 572 101. R/O 8TH KAPILA ROAD, NEW KEB EXTENDTION SAPTHAGIRI ENTENSTION TUMKUR TOWN. …PETITIONER (BY SMT. VANDANA P L, ADVOCATE) AND: 1. STATE BY LOKAYUKTHA POLICE TUMKURU. REP. BY REPRESENTED BY SPP M.S. BUILDING BANGALORE - 560 001 BENGALURU. …RESPONDENT (BY SRI MANISH R, ADVOCATE FOR SRI B B PATIL, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) Cr.P.C PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN CRIME No.10/2025 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51965 CRL.P No. 16216 of 2025 REGISTERED BY LOKAYUKTHA ON THE FILE OF THE 7th ADDITIONAL DISTRICT AND SESSIONS COURT, TUMAKURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTION 7(a) OF P.C. ACT 1988. 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.1 under Section 483 of BNSS praying to grant bail in Crime No.10/2025 of Tumkuru Lokayuktha Police Station registered for offences punishable under Section 7(a) of 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 complainant has affixed the signature on the complaint by mentioning the date as 11.11.2025 and the CPI has received the same at 08.30 p.m. on 10.11.2025 and in the above FIR the time of receiving the complaint is mentioned as 03.30 a.m. on 11.11.2025. - 3 - HC-KAR NC: 2025:KHC:51965 CRL.P No. 16216 of 2025 Therefore, there are contradictions in that regard. The complainant has completed the work on 10.11.2025 and submitted the bills and on the same day itself he has filed the complaint. As the trap is laid and documents are collected, the major portion of the investigation is over. Therefore, the petitioner is not required for further custodial interrogation. The petitioner is ready to co- operate with the Investigating Officer for further investigation and abide by conditions to be imposed by this Court. With these, she prayed to allow the petition. 4. Per contra, learned counsel for the respondent would contend that the petitioner and accused No.2 have demanded bribe at the rate of 3% and 2% respectively for clearing the bills of the complainant from the complainant along with that petitioner has demanded Rs.15,000/- to be paid to the MLA. The work of the complainant was pending with the petitioner as he has to clear the bills of the work done by the complainant. The conversation recorded in the mobile phone of the complainant clearly indicates demand - 4 - HC-KAR NC: 2025:KHC:51965 CRL.P No. 16216 of 2025 of bribe by this petitioner and accused No.2. The trap is successful and the petitioner has been caught red handed when he had received Rs.34,900/- from the complainant. The amount to be paid to accused No.2 has been sent by the complainant by phone pay to accused No.3. Accused No.3 has also stated in the conversation for having received Rs.15,000/- from complainant. There is clear demand and acceptance of bribe by the petitioner pertaining to the work of the complainant. The investigation is in progress. With this, he prayed to reject the petition. 5. Having heard learned counsels, the Court has perused the FIR, complaint, remand application and other materials placed on the record. 6. The complainant is a contractor and he has undertaken contract work of repair of the two schools. As per averments of the complaint, complainant has completed the said works on 10.11.2025 and submitted the bills. As per averments of the complaint, the petitioner - 5 - HC-KAR NC: 2025:KHC:51965 CRL.P No. 16216 of 2025 has demanded bribe at the rate of 3% of the bill amount and accused No.2 demanded bribe at the rate of 2% of the bill amount and apart from that the petitioner has demanded Rs.15,000/- to be paid to MLA. Pre-trap mahazar has been prepared and it contains conversation between the complainant and the accused persons. In the trap, the petitioner is found to have received the amount of Rs.34,500/- from the complainant. The petitioner has given his statement in writing. The trap mahazar has been laid. The trap mahazar also indicates the seizure of the documents. In trap cases, major portion of the investigation will be over on the date of the trap, except receipt of the FSL report. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The petitioner is ready to cooperate with the Investigating Officer in investigation. The petitioner, who is working as Assistant Executive Engineer, can be secured easily for investigation and trial. - 6 - HC-KAR NC: 2025:KHC:51965 CRL.P No. 16216 of 2025 Considering the above aspects, the petitioner has made out case for grant of bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. ii) The Petitioner is granted bail in Crime No.10/2025 of Tumkuru Lokayuktha Police Station subject to following conditions: a) The petitioner –accused No.1 shall execute a personal bond for the sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court. b) The petitioner –accused No.1 shall co- operate with the Investigating Officer in further investigation, if any. c) The petitioner –accused No.1 shall attend the trial Court on all dates of - 7 - HC-KAR NC: 2025:KHC:51965 CRL.P No. 16216 of 2025 hearing unless exempted and co-operate for speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 15 Ct.sm