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2026 DAILYLAW 23096 (KAR)

SHARANAPPA MALLANNA TOTAD v. STATE BY

CRL.P/8091/2026 · 2026-06-22

S Vishwajith Shetty

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:30913 CRL.P No. 8091 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8091 OF 2026 BETWEEN: SHARANAPPA MALLANNA TOTAD S/O MALLANNA AGED ABOUT 32 YEARS R/AT SANSUR VILLAGE HOOVINA HIPARAGI HOBLI BASAVANA BAGEVADI TALUK VIJAYAPURA DISTRICT KARNATAKA - 586 214. …PETITIONER (BY SRI SHIVA KUMAR, ADV.) AND: STATE BY KARNATAKA LOKAYUKTA TUMKURU DIVISION (REP. BY SPL. PUBLIC PROSECUTOR LOKAYUKTHA) M.S. BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI K. PRASANNA SHETTY, ADV.) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN KARNATAKA LOKAYUKTA TUMKURU DIVISION P.S. IN CR.NO.01/2026 FOR OFFENCES P/U/S 7(a) OF PREVENTION OF CORRUPTION AMENDMENT ACT 2018, WHICH IS PENDING ON THE FILE OF VII ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, TUMAKURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30913 CRL.P No. 8091 of 2026 CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Crl.P.No.8091/2026 1. Petitioner, who is apprehending arrest in Crime No.1/2026 registered by Lokayuktha Police, Tumakuru, for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988, is before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail. 2. Heard the learned Counsel for the petitioner and the learned Counsel appearing on behalf of the respondent who has filed statement of objections. 3. FIR in Crime No.1/2026 was registered by Lokayuktha Police, Tumakuru, for the aforesaid offence against Chethan Kumar - Police Sub-Inspector of Tumakuru Rural Police Station based on the first information dated 30.01.2026 received from Nagesh.S.K., S/o Krishnaiah. Apprehending arrest in the said case, petitioner had filed Crl. Misc. No.768/2026 before the jurisdictional Sessions Court which was rejected on 03.06.2026. Therefore, he is before this Court. - 3 - HC-KAR NC: 2026:KHC:30913 CRL.P No. 8091 of 2026 4. Learned Counsel for the petitioner having reiterated the grounds urged in the petition, submits that petitioner is working as a civil police in Kyathasandra Police Station, Tumakuru. Accused no.1 was earlier working as PSI in Kyathasandra Police Station and on his instructions he had informed the Manager of the hotel to receive the amount from the complainant. Petitioner is ready and willing to co-operate with the police for the purpose of investigation. Accordingly, he prays to allow the petition. 5. Per contra, learned Counsel appearing for the respondent who has filed statement of objections, submits that petitioner is a Police Constable. After receiving the inquiry notice, instead of co-operating with the Investigation Officer, petitioner has approached the Sessions Court seeking anticipatory bail and has not co-operated with the police for the purpose of investigation. There is prima facie case against him. Accordingly, he prays to dismiss the petition. 6. The demand for payment of Rs.5 lakhs for the purpose of releasing a car which was seized by accused no.1 was made in the present case only by accused no.1. The first informant who - 4 - HC-KAR NC: 2026:KHC:30913 CRL.P No. 8091 of 2026 was not willing to pay the bribe amount to accused no.1, had therefore, approached the respondent-police and submitted a complaint based on which FIR was registered only as against accused no.1 who was working as Police Sub-Inspector at Tumakuru Rural Police Station. It appears that accused no.1 was earlier working as Police Sub-Inspector at Kyathasandra Police Station, wherein petitioner is working as civil Police Constable. 7. During the course of investigation, statement of Safdhar Ali Khan, Manager of the Hotel to whom the first informant had handed over the sum of Rs.40,000/- towards part payment of the bribe amount demanded by accused no.1, has stated that he had received the said amount as instructed by the petitioner herein. It is only for the said reason the petitioner is arrayed as accused in the present case. The material on record does not reveal that petitioner had the knowledge that the aforesaid amount which was to be handed over by the first informant to Saftar Ali Khan was the bribe amount that was demanded by accused no.1. Chances of petitioner instructing the aforesaid Safdhar Ali Khan to receive money as instructed by his higher - 5 - HC-KAR NC: 2026:KHC:30913 CRL.P No. 8091 of 2026 officer who is accused no.1 in the present case, cannot be ruled out. 8. Petitioner has no other criminal antecedents. He has undertaken to co-operate with the police for the purpose of investigation. Under the circumstances, I am of the opinion that petitioner's prayer for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order: 9. The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.1/2026 registered by Lokayuktha Police, Tumakuru, for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988, subject to the following conditions: 1. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer. 2. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 6 - HC-KAR NC: 2026:KHC:30913 CRL.P No. 8091 of 2026 3. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioner shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KK