Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010640212026 NC: 2026:KHC:54729 CRL.P No. 14201 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 14201 OF 2026 BETWEEN:
SRI MOHAN KUMAR. C S/O LATE CHANNAPPA AGED ABOUT 45 YEARS WORKING AS VILLAGE ACCOUNTANT, HOSPETE PANCHAYATH CHIKKABALLAPURA DISTRICT - 562 102. …PETITIONER (BY SRI R.S.RAVI, SENIOR COUNSEL, FOR SRI SHANTH KUMAR S P., ADVOCATE)
AND:
STATE OF KARNATAKA BY LOKAYUKTA POLICE, CHIKKABALLAPURA, REPRESENTED BY THE SPL. PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 01. …RESPONDENT (BY SRI. MALLIKARJUN REDDY K S., ADVOCATE)
THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO (A) ALLOW THIS CRIMINAL PETITION UNDER SEC.483 OF BNS 2023; (B) SET
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010640212026 NC: 2026:KHC:54729 CRL.P No. 14201 of 2026
ASIDE THE ORDER DATED 31.08.2026 PASSED BY THE LEARNED III ADDL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA REJECTING THE BAIL APPLICATION OF THE PETITIONER IN CRIME NO.4/2026 (ANNEXURE A); (C) ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN CRIME NO.4/2026 REGISTERED BY THE LOKAYUKTA POLICE CHIKKABALLAPURA, FOR THE OFFENCE ALLEGED U/S 7(a) OF PREVENTION OF CORRUPTION ACT 1988 WHICH IS PENDING BEFORE THE LEARNED III ADDL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA ANNEXURE-C., ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.2 in Crime No.04 of 2026 registered by Lokayukta Police, Chikkaballapura for offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988 (Amendment, 2018) is before this Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail. - 3 -
HC-KAR
CNR: KAHC010640212026 NC: 2026:KHC:54729 CRL.P No. 14201 of 2026
2. Heard Sri.R.S.Ravi, learned Senior Counsel on behalf of Sri.Shanthkumar.S.P., learned counsel for the petitioner and Sri.Mallikarjun Reddy.K.S., learned counsel appearing for the Respondent/Lokayukta Police. 3. F.I.R. in Crime No.04 of 2026 was registered by Lokayukta Police, Chikkaballapura for the aforesaid offence, based on the complaint received from the de- facto complainant, Sri.Byregowda, Son of Ramaiah, Shidlaghatta Taluk. 4. In the trap that was held subsequent to registration of FIR, petitioner was allegedly trapped successfully while receiving an amount of Rs.3,00,000/- (Rupees Three Lakhs only) as illegal gratification from the complainant. Thereafter, the petitioner was arrested on 25.08.2026 produced before the Trial Court and remanded to judicial custody. His bail application filed before the Trial Court in Crime No.04 of 2026 was rejected on
31.08.2026. Therefore, he is before this Court. - 4 -
HC-KAR
CNR: KAHC010640212026 NC: 2026:KHC:54729 CRL.P No. 14201 of 2026
5. Perusal of the material on record would go to show that the de-facto complainant, Sri.Byregowda, Son of Ramaiah had approached Lokayukta Police, Chikkaballapura and submitted a typed first information dated 24.08.2026 alleging that petitioner had demanded an amount of Rs.7,00,000/- (Rupees Seven Lakhs only) from him for the purpose of making necessary entries in the revenue records of the land bearing Sy.No.298/1 measuring 141/4 guntas situated at Hosapete Village, Jangamakote Hobli, Shidlaghatta Taluk, Chikkaballapura District. It is further alleged that after negotiation, the demand was reduced from Rs.7,00,000/- (Rupees Seven Lakhs only) to Rs.6,50,000/- (Rupees Six Lakhs and fifty Thousand only) and since, the de-facto complainant did not intend to pay the said bribe amount, he had recorded his conversation with the petitioner in his mobile phone and thereafter, approached the Lokayukta Police on
24.08.2026.
It is under these circumstances, FIR was registered against the petitioner for the aforesaid offence
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HC-KAR
CNR: KAHC010640212026 NC: 2026:KHC:54729 CRL.P No. 14201 of 2026
and subsequently, in the trap that was held on 25.08.2026, the petitioner was allegedly caught red- handed while receiving the bribe amount of Rs.3,00,000/- (Rupees Three Lakhs only) from the de-facto complainant. 6. The remand application of the petitioner would go to show that the de-facto complainant who had gone to the office of the petitioner had kept the amount of Rs.3,00,000/- (Rupees Three Lakhs only) in a cover on the table of the petitioner and after coming out, he allegedly had given signal to the police, who thereafter, had entered the office of the petitioner and apprehended him. Undisputedly, the conversation of the de-facto complainant with the petitioner inside the office on 25.08.2026 has not been recorded in the present case. 7. Though in the first information, it is stated that the de-facto complainant had recorded his conversation with the petitioner wherein he had raised demand for bribe amount of Rs.7,00,000/- (Rupees Seven Lakhs only) and
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HC-KAR
CNR: KAHC010640212026 NC: 2026:KHC:54729 CRL.P No. 14201 of 2026
thereafter, had reduced the same for Rs.6,50,000/- (Rupees Six Lakhs and fifty Thousand only) after negotiation, the transcription of such recording by the de- facto complainant is also not made available to the Court. In a trap case, major portion of the investigation is completed on the date of trap. The maximum punishment for the alleged offence is imprisonment for a period of seven years. The petitioner is a Government servant who is in custody for the last more than one month. Considering the aforesaid aspects of the matter, the following:-
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.04 of 2026 registered by Lokayukta Police, Chikkaballapura, registered for the offence punishable under Section 7(a) of the Prevention of Corruption Act, 1988, (Amendment, 2018) subject to the following conditions:
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HC-KAR
CNR: KAHC010640212026 NC: 2026:KHC:54729 CRL.P No. 14201 of 2026
a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future;
Sd/- (S VISHWAJITH SHETTY) JUDGE
DH List No.: 1 Sl No.: 68