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2025 DAILYLAW 89152 (KAR)

RAJASHEKHAR N H v. THE STATE OF KARNATAKA

CRL.P/12500/2025 · 2025-09-15

Mohammad Nawaz

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36630 CRL.P No. 12500 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12500 OF 2025 BETWEEN: RAJASHEKHAR N.H. S/O HANUMANTHAPPA, AGED ABOUT 48 YEARS, POLICE INSPECTOR, RAMAMURTHY NAGAR POLICE STATION, BENGALURU. R/AT #4664/8, 4TH MAIN, 5TH CROSS, S.S. LAYOUT, T BLOCK, DAVANAGERE-577 001. MOBILE NO.9448878220. …PETITIONER (BY SRI. C.G. SUNDAR, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH THE POLICE INSPECTOR, KARNATAKA LOKAYUKTHA POLICE, BENGALURU URBAN DIVISION, BENGALURU REP. BY THE SPP, HIGH COURT BUILDING, BANGALORE-560 001. …RESPONDENT (SRI. PRASANNA SHETTY, SPL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.44/2025 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE UNDER SECTION 7(a) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36630 CRL.P No. 12500 of 2025 AND 7(A) OF PREVENTION OF CORRUPTION ACT, 1988 (AMENDED ACT 2018) PENDING ON THE FILE OF THE 23RD ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE AT BENGALURU. 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, the learned Spl. Prosecutor for respondent and perused the material on record. 2. Petitioner/accused No.1 has preferred this petition, seeking to enlarge him on bail in Cr.No.44/2025 of Karnataka Lokayukta Police Station, Bengaluru City, registered for the offence punishable under Section 7(a) of the P.C.Act. 3. From the complaint lodged by one Manjunath N., it can be gathered that there is some dispute between one Gopinath Pubbishetty and his wife Smt.Sushma Pubbishetty. The said Gopinath Pubbishetty had lodged a complaint against his wife making certain - 3 - HC-KAR NC: 2025:KHC:36630 CRL.P No. 12500 of 2025 allegations including that she has withdrawn Rs.13 lakhs from his bank account, threatening him that she will commit suicide etc., and also taken away about 621.9 gms of gold ornaments from the bank locker, without his knowledge. It is alleged that to take action against Sushma Pubbishetty, accused No.1, working as a Police Inspector and accused No.2, working as Police Sub-Inspector at Ramamurthy Nagar Police Station, demanded a bribe of Rs.2 lakhs and later, scaled down the demand to Rs.1,50,000/-. On registration of the case, the Lokayukta Police laid a trap and on 16.8.2025, accused No.3, a private person, while accepting the bribe on behalf of accused Nos.1 and 2 was apprehended. 4. The learned Special Prosecutor has filed statement of objections. He contended that, investigation is in progress and the documents are yet to be secured and some more witnesses are to be examined and therefore, if the petitioner, a Police Inspector is granted - 4 - HC-KAR NC: 2025:KHC:36630 CRL.P No. 12500 of 2025 bail, he may come in the way of investigation and tamper with the evidence. 5. Learned counsel for the petitioner has contended that the allegations that the petitioner has demanded bribe is based on the statement of the complainant and the conversations allegedly recorded between the complainant and the accused. He contended, admittedly, money was not recovered from the possession of the petitioner, on the other hand, money was recovered from accused No.3, a private person. He contended that the petitioner has been working as a Police Inspector since several years, without any black mark. Now, he has been suspended from service and therefore, question of tampering the evidence does not arise. He submits that the petitioner will undertake to co-operate with the investigation, and he will undertake to furnish adequate surety to ensure his presence before the trial Court. 6. Gopinnath Pubbishetty is said to be a client of the complainant. It is alleged, he has some dispute with - 5 - HC-KAR NC: 2025:KHC:36630 CRL.P No. 12500 of 2025 his wife, pertaining to which a complaint was lodged against her. It is alleged, when the complainant approached the Police Sub-Inspector i.e., accused No.2, in connection with the said complaint, he demanded a bribe of Rs.2 lakhs. According to the complainant, the said demand was made by accused No.2 after consulting with the petitioner, working as Police Inspector in the said police Station. It is alleged, later the demand was brought down to Rs.1.50 lakhs. Trap was laid on 16.8.2025 and accused No.3, a private person was apprehended while receiving the tainted money, allegedly on behalf of accused Nos.1 and 2. 7. The prosecution has relied on the statements of the complainant and shadow witness, alleged conversations between the complainant and the accused, recovery of tainted currency from accused No.3, resultant hand wash, the entrustment and trap mahazar. 8. The allegations that the petitioner along with accused No.2 has demanded bribe from the complainant to - 6 - HC-KAR NC: 2025:KHC:36630 CRL.P No. 12500 of 2025 do an official favour and later received the bribe through accused No.3, a private person etc., is a matter which has to be established in due course. Petitioner was arrested on 16.8.2025. Major part of the investigation has been completed. Petitioner is not required for further interrogation. It is stated that he has been suspended from service. His further detention in custody is not required. Hence, the following: ORDER I. Petition is allowed. II. Petitioner/accused No.1 in Crime No.44/2025 of Karnataka Lokayukta Police Station, Bengaluru, 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 lakhs only), with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 7 - HC-KAR NC: 2025:KHC:36630 CRL.P No. 12500 of 2025 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 disclosing such facts to the Court or to any police officer or tamper with the evidence. 4. He shall appear before the trial Court regularly on all dates of hearing. Violation of any of the condition/s shall result in cancellation of bail. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 52