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2026 DAILYLAW 15079 (KAR)

JANGAMAPPA v. THE STATE BY LOKAYUKTHA POLICE

CRL.P/3027/2026 · 2026-03-12

S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14875 CRL.P No. 3027 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.3027 OF 2026(438(Cr.PC)/482(BNSS)) BETWEEN: JANGAMAPPA S/O. LATE LINGAPPA, AGED ABOUT 66 YEARS, MANAGING DIRECTOR, TDCC BANK LTD., TUMAKURU DISTRICT, RESIDENT OF BHAMGURU NILAYA, NEAR CHOWDESHWARI TEMPLE, DEVARAYAPATNA MAIN ROAD, BATAWADI, TUMAKURU-572 103. …PETITIONER (BY SRI. M.T. NANAIAH, SENIOR COUNSEL A/W SRI. N. KUMAR, ADVOCATE) AND: THE STATE BY LOKAYUKTHA POLICE, TUMAKURU-572 101, Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14875 CRL.P No. 3027 of 2026 THROUGH SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. …RESPONDENT (BY SRI. B.B. PATIL, SPL. PP FOR LOKAYUKTHA/RESPONDENT) THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C (U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CR.NO.5/2025 OF LOKAYUKTHA POLICE, TUMAKURU, FOR THE OFFENCE P/U/S 7(a) OF P.C ACT, 1988 (AMENDED IN 2018) UNDER SETIONS 238(c), 256, 340(2), 61(2) OF BNS, 2023, PENDING BEFORE THE HONBLE 7th ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU AND THE VII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, TUMAKURU HAS REJECTED THE BAIL PETITION ON 09.02.2026 IN CRL.MISC.NO.141/2026 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:14875 CRL.P No. 3027 of 2026 ORAL ORDER The petitioner/accused No.5 is before this Court seeking anticipatory bail in Crime No.5/2025 filed by the respondent/Lokayukta for the offences punishable under Sections 7(a) of the Prevention of Corruption Act, 1988 (as amended in 2018) and Sections 238( c), 256, 340(2), 61(2) of Bharatiya Nyaya Sanhita (BNS), 2023 pending on the file of the learned 7th Additional District and Sessions Judge, Tumakuru. 2. The brief facts of the case: A complaint came to be registered by Ravish Y. T. stating that he was working as the President of Vyavasaya Matthu Taluku Meenugarara Sahakara Sangha Niyamitha, Yaliyuru village, Shira Taluk. It is stated that due to some unavoidable circumstances, the said Society was not functioning properly. Therefore, the respective Assistant Registrar of Co-operative Societies and also Registrar of Co-operative Societies directed him to furnish certain documents relating to the said Society on 28.02.2022. - 4 - HC-KAR NC: 2026:KHC:14875 CRL.P No. 3027 of 2026 However, he could not produce those documents as directed to him. 3. The term of office expired on 28th July, 2023. In the month of March, 2024, in view of the Lok-sabha elections, they could not conduct elections. Therefore, the Administrator was appointed to manage its affairs. In the meantime, the bank account of the Society was frozen. The complainant and other office bearers approached the concerned authorities with a request to defreeze the account to enable the smooth functioning and administration of the Society. 4. It is alleged that on 06.06.2025 at about 12:15 p.m., while working in the office of the Assistant Registrar of Co-operative Societies, FDA - Sri.Raghavendra contacted the complainant over the phone and demanded a sum of Rs. 70,000/- for defreezing the Society’s bank account. As the complainant was not in a position to pay such a huge amount, he refused to comply with the - 5 - HC-KAR NC: 2026:KHC:14875 CRL.P No. 3027 of 2026 demand. Subsequently, the demand was reduced to Rs.20,000/-. Since the complainant was unwilling to pay the said amount, he stated that he would lodge a complaint before the Lokayukta Police by furnishing proper evidence, which has been recorded on his mobile phone. Thereafter the respondent/Lokayukta police have registered a case. and conducted an investigation. The investigation is under progress. 5. The learned counsel for the petitioner submits that accused No.5, the petitioner herein, is working as the Managing Director of DCC Bank Ltd., Tumakuru District, and he has been falsely implicated in the present case. It is contended that the allegations are levelled against the F.D.A. working in the office of the Assistant Registrar of Co-operative Societies. 6. The submission of the learned counsel for the petitioner is that the initial complaint was lodged only against accused Nos.1 and 2. However, at a later stage, - 6 - HC-KAR NC: 2026:KHC:14875 CRL.P No. 3027 of 2026 the name of the present petitioner has been subsequently included in the remand application without any overt-acts attributed against him. The petitioner is having reasonable apprehension of his arrest. 7. It is further submitted that the allegations made against the petitioner are insufficient to implicate him in the present case. No overt-act has been attributed to him, and the ingredients of the alleged offences are not made out insofar as the petitioner is concerned. Therefore, he may be enlarged on bail by imposing suitable conditions by this Court and he would abide by the conditions to be imposed by this Court in the event of his release on bail. 8. Sri. B. B. Patil learned Special Prosecutor for Lokayukta filed statement of objection stated that the present petitioner, who is working as a Managing Director of DCC Bank, tampered the evidence against accused Nos.1 and 2 to show that there was no work pending at the time of filing the FIR in the office of accused Nos.1 and - 7 - HC-KAR NC: 2026:KHC:14875 CRL.P No. 3027 of 2026 2. In fact, accused No.4-Lakshmikant had acted on the instructions of accused No.5 in assisting accused Nos.1 and 2 in tampering the records. The serious allegations are levelled against the petitioner. The statement of accused No.3-Mohan Kumar has been recorded under Section 183 of BNSS, 2023. His statement is very clear that he had acted on the instructions of the present petitioner. Therefore, it is not appropriate to grant anticipatory bail to the present petitioner as the allegations are very serious in nature. Making such submission, he prays to dismiss the petition. 9. Heard the learned counsel for the respective parties. Perused the averments of the complaint and other documents available on record. 10. A complaint came to be registered by the complainant alleging that, for the purpose of defreezing the Society’s bank account, accused No.1 had demanded a sum of Rs.20,000/-. It is further alleged that accused No.2 - 8 - HC-KAR NC: 2026:KHC:14875 CRL.P No. 3027 of 2026 acted under the instructions of accused No.1 in this regard. Pursuant to the complaint, accused Nos.1 and 2 were apprehended and remanded to judicial custody. Accused No.3 was serving as a Second Division Assistant in the same office at the relevant point of time. 11. It is alleged that accused No.3 met accused Nos.1 and 2 while they were in judicial custody and conveyed to the present petitioner the information received from them. It is further stated that the petitioner, being the Managing Director of DCC Bank, directed the subordinate Manager, who is arrayed as accused No.4, to receive the letter relating to the de-freezing of the Society’s bank account on 28.07.2025. It is further alleged that the petitioner had instructed accused No.4 to make an endorsement on the said document as if, the letter had been reached to him on 21.07.2025. 12. Be that as it may, the said fact is a matter of trial. Moreover, the alleged offences are neither punishable - 9 - HC-KAR NC: 2026:KHC:14875 CRL.P No. 3027 of 2026 with death nor imprisonment for life. Therefore, I am of the considered opinion that if the suitable conditions are imposed, that would meet the ends of justice. Hence, I proceed to pass the following: ORDER. i) The petition is allowed. ii) The petition is ordered to be enlarged on bail in the event of his arrest in Crime No.5/2025 filed by the respondent/Lokayukta for the offences punishable under Sections 7(a) of the Prevention of Corruption Act, 1988 (as amended in 2018) on executing personal bond in a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court. iii) The petitioner shall appear before the jurisdictional police within a period of one month from the date of receipt of this order to execute personal bond and also to furnish surety. - 10 - HC-KAR NC: 2026:KHC:14875 CRL.P No. 3027 of 2026 iv) The petitioner shall co-operate with investigation till filing of the charge sheet. v) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court. vi) The petitioner shall appear before the Trial Court on all hearing dates without fail. vii) The petitioner shall not commit any criminal cases till disposal of the case. In case, the petitioner violates any of the bail conditions as stated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S RACHAIAH) JUDGE BKM List No.: 1 Sl No.: 38