A suspended police Sub-Inspector sought regular bail after being trapped accepting Rs.50,000 out of Rs.2,00,000 allegedly demanded for returning seized articles. The court held the offence serious, FSL voice report pending, and dismissed the bail petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5700 OF 2024
BETWEEN:
Digitally signed by NANDINI B G Location: high court of karnataka
SMT. RADHA M AGED ABOUT 35 YEARS, D/O LATE MANJUNATH, POLICE SUB INSPECTOR (UNDER SUSPENSION), KUVEMPU NAGAR POLICE STATION, MYSORE - 570 023 PRESENTLY IN JUDICIAL CUSTODY R/A NO.1, SHAMBAVI BLOCK, SARASWATHI PURAM, MYSORE - 570 009. (BY SMT. ANUPARNA BORDOLOI, ADVOCATE)
AND:
…PETITIONER
STATE OF KARNATAKA KARNATAKA LOKAYUKTHA POLICE STATION, MYSURU KARNATAKA - 570 004. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.
…RESPONDENT
(BY SRI. K. PRASANNA SHETTY, ADVOCATE)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL ON CONDITIONS THIS HONOURABLE COURT DEEMS FIT IN CR.NO.8/2024 DATED 13.05.2024 REGISTERED BY LOKAYUKTHA POLICE STATION, MYSURU FOR THE OFFENCE P/U/S 7(A) OF PREVENTION OF CORRUPTION ACT (AMENDED ACT 2018) PENDING BEFORE THE III
ADDITIONAL DISTRICT AND SESSIONS AND SPECIAL COURT, MYSURU DISTRICT.
THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.8/2024 of Mysore Lokayuktha Police Station, pending on the file of the learned III Additional District Session and Special Court, Mysore registered for the offences punishable under Section 7(a) of the Prevention of Corruption Act, 1988 (Amended Act 2018), on the basis of the first information lodged by the informant K.B.Mahesh.
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘negative’ for the following:
R E A S O N S
bail. He was arrested on 30.05.2024 and since then he is in judicial custody.
as illegal gratification was recorded in the mobile phone of the informant. Later pre-trap mahazar was drawn by registering FIR and the complainant along with shadow witness was sent to meet the accused.
It is also noticed that the articles which are seized from the complainant were not shown in the PF and for returning the same, she demanded the bribe amount. Looking to the nature and seriousness of the offence, I am of the opinion that the petitioner is not entitled for grant of bail at this stage.
negative and proceed to pass the following:
ORDER
The petition is dismissed.
Sd/JUDGE
BH
List No.: 1 Sl No.: 39
1 issue framed by the court
Whether the petitioner, a police Sub-Inspector trapped for demanding bribe to return seized articles, is entitled to regular bail under Section 439 Cr.P.C.?
2 provisions across 2 enactments
Smt. Radha M
State of Karnataka, Karnataka Lokayuktha Police Station, Mysuru
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
