- 1 - HC-KAR CNR: KAHC010278802021 NC: 2026:KHC:54648 WP No. 14178 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION No.14178 OF 2021 (GM-RES) BETWEEN: SRI. SRINIVASA GOWDA S C/O C SONNAPPA, AGED ABOUT 52 YEARS WORKING AS JUNIOR ENGINEER, CITY MUNICIPAL COUNCIL, HOSKOTE, BANGALORE RURAL DISTRICT -560 067 …PETITIONER (BY SRI SATISH.K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU – 560 001 2. THE STATE OF KARNATAKA DEPARTMENT OF HOME REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA, BENGALURU – 560 001 3. THE DEPUTY SUPERINTENDENT OF POLICE KARNATAKA LOKAYUKTA POLICE M.S.BUILDING BANGALORE – 560 001 Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010278802021 NC: 2026:KHC:54648 WP No. 14178 of 2021 4. SRI MANJUNATH G.R S/O RAMAKRISHNA B.R, MAJOR RESIDING AT NO.1654, 17TH ‘A’ MAIN 1ST STAGE, 5TH BLOCK, HBR LAYOUT BANGALORE – 560 043 …RESPONDENTS (BY SRI. B B PATIL, ADVOCATE FOR R1 AND R3; SRI SURYA MUKUNDARAJ, ADDITIONAL PUBLIC PROSECUTOR FOR R2; R4 -SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 CODE OF CRIMINAL PROCEDURE PRAYING TO CALL FOR RECORDS FROM THE R1 TO R3 IN RESPECT OF THE IMPUGNED ORDER DATED 14.03.2016 ANNEXURE-A, THE IMPUGNED COMPLAINT DATED 20.11.2018 ANNEXURE-B AND IMPUGNED FIRST INFORMATION IN CRIME NO.30/2018 ANNEXURE-C AND QUASH THE IMPUGNED ORDER DATED 14.03.2016 PASSED BY THE R1 ANNEXURE-A THE IMPUGNED COMPLAINT DATED 20.11.2018 GIVEN BY THE R4 ANNEXURE-B AND THE IMPUGNED FIRST INFORMATION REPORT DATED 20.11.2018 CRIME NO.30/2018 REGISTERED BY THE R3 ANNEXURE-C AND ALL FURTHER PROCEEDINGS PENDING ON THE FILE OF THE R3 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010278802021 NC: 2026:KHC:54648 WP No. 14178 of 2021 CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER Heard Sri Satish K and Sri B.B.Patil, learned counsel for the parties. 2. Petitioner herein is accused No.2 challenging the registration of FIR under Section 7(a) of the Prevention of Corruption Act. 3. Facts of the case which are utmost necessary for disposal of the present petition are as under: 3.1 Respondent No.4 lodged a complaint with Anti Corruption Bureau, Bengaluru, in respect of an illegal gratification demanded by the petitioner and accused No.1 in respect of the pending work. The demand was to the tune of Rs.5,00,000/-. 3.2 Petitioner was not interested to part away the said money and therefore, negotiated. However, accused Nos.1 and 2 insisted that Rs.5,00,000/- needs to be paid as illegal gratification for the pending work. - 4 - HC-KAR CNR: KAHC010278802021 NC: 2026:KHC:54648 WP No. 14178 of 2021 4. Accused No.1 being the Government servant, with an intention to complete the work of the complainant by misusing his official position, demanded a sum of ₹5,00,000/- as illegal gratification. Accused No.2 (present petitioner) joined accused No.1 in demanding the illegal gratification and also participated in the negotiation talks between complainant and first accused. 5. The conversation was recorded by the complainant on his mobile telephone which was extracted in the entrustment mahazar. The trap was successful and it is accused No.1 from whose chamber, the illegal gratification amount of ₹5,00,000/- was recovered. 6. The very registration of the case is called in question by the present petitioner on the ground that it is accused No.1 who is the Government employee. Accused No.2, therefore, did not have any nexus with regard to the alleged demand and trap and thus sought for allowing the petition. 7. Per contra, Sri B.B.Patil, learned counsel for Lokayukta would support the continuation of the case and investigation. - 5 - HC-KAR CNR: KAHC010278802021 NC: 2026:KHC:54648 WP No. 14178 of 2021 8. He would further contend that the conversation recorded by the complainant would include the demand made by the present petitioner along with accused No.1. Thus sought for dismissal of the petition. 9. Having heard the arguments of both sides, this Court perused the material on record meticulously. 10. On such perusal of the material on record, it is noted that work of the complainant was pending with accused No.1. In that regard, there was a demand of illegal gratification which was sought to be negotiated. When accused Nos.1 and 2 did not agree for lesser illegal gratification, trap has taken place. 11. In the entrustment mahazar, the conversation between accused No.2 and complainant along with accused No.1 in demanding the illegal gratification is recorded. 12. Suffice to say that the material available on record thus would be sufficient enough to investigate the matter and file appropriate report in accordance with law. Following the dictum of the Hon'ble Apex Court in the case of State of - 6 - HC-KAR CNR: KAHC010278802021 NC: 2026:KHC:54648 WP No. 14178 of 2021 Karnataka and another vs. Prabhu Shankar and others, reported in 2026 SCC OnLine SC 1446 this Court is not inclined to quash the pending FIR. 13. Hence, the following- ORDER (i) Petition dismissed. (ii) However liberty is granted to the petitioner to challenge the adverse report if any in accordance with law. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 66 CT:VRR