Sri.Mallikarjuna Swamy C M Vs the State of Karnataka

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NC: 2025:KHC:52884 CRL.P No. 16337 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION No. 16337 OF 2025 (439(Cr.PC) / 483(BNSS))

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BETWEEN:

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SRI.MALLIKARJUNA SWAMY C M S/O LATE C M MANACHARYA AGE ABOUT 53 YEARS JUNIOR ENGINEER, CIVIL SUB DIVISION MESCOM, CHIKKAMAGALURU R/O 161, 2^ND STAGE, HOUSING BOARD, CHIKKAMAGALURU NATIVE OF GOWRAMMA BEEDHI CHANNAGIRI TOWN, DAVANGERE DISTRICT.

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…PETITIONER

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(BY SRI M R NANJUNDA GOWDA, ADVOCATE FOR SRI ASWATHANARAYANA REDDY, ADVOCATE)

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA BY LOKAYUKTA POLICE CHIKKAMAGALURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR AMBEDKAR VEEDHI BENGALURU – 560 001.

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…RESPONDENT

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(BY SRI MANISH R, ADVOCATE FOR SRI B B PATEL, ADVOCATE)

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NC: 2025:KHC:52884 CRL.P No. 16337 of 2025

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HC-KAR

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THIS CRL.P IS FILED UNDER SECTION 439 Cr.PC (FILED U/S 483 BNNS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN CR.No.0012/2025 OF LOKAYUKTHA POLICE, CHIKKAMGALURU, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 7(a) OF PREVENTION OF CORRUPTION ACT, 1989.

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THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the sole accused under

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Section 483 of BNSS praying to grant bail in Crime No.12/2025 of Lokayuktha Police Station, Chikkamangluru registered for offence punishable under Section 7(a) of Prevention of Corruption Act.

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Heard learned counsel for the petitioner and learned counsel for respondent.

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Learned counsel for the petitioner would contend that the petitioner has been issued with Prashasti by the Chief Minister on 15.06.2015 and thereafter, there is no black spot on the working of the petitioner. The false case came to be filed against the petitioner. The trap is already over and the petitioner is in custody since

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NC: 2025:KHC:52884 CRL.P No. 16337 of 2025

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HC-KAR

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04.11.2021 and therefore, he is not required for further custodial interrogation. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. The maximum sentence that can be imposed is imprisonment which may extend upto 07 years. With this, he prays to allow the petition.

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Per contra, learned counsel for the respondent

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would contend that there is clear demand and acceptance of bribe by the petitioner. The pre-trap mahazar contains the conversation between petitioner and the complainant wherein the petitioner has demanded bribe of Rs.40,000/-. The complainant is contractor and his work that is clearing bill for work done was pending with the petitioner. The trap was successful and petitioner was caught when he received the bait amount. With this he prayed to reject the petition.

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Having heard learned counsels, the Court has

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perused the FIR, complaint and other materials placed on record.

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HC-KAR

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The petitioner is working as Junior Engineer in

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MESCOM. The complainant is electrical contractor. The case of prosecution is that the work of the complainant was pending with the petitioner i.e., to clear the bills submitted by him. It is the case of prosecution that for clearing the said bills of the complainant, the petitioner has demanded Rs.40,000/-. The pre-trap conversation has been recorded and it is reduced in the pre-mahazar. The trap has been laid and the petitioner has been caught when he received the bribe amount. Major portion of the investigation will be over in trap cases on the day of the trap itself except receiving the FSL report. The Investigating Officer has prepared mahazar and also collected documents. The offence alleged against the petitioner is not punishable either with death or imprisonment. The petitioner is working as Junior Engineer in MESCOM and his presence can be secured easily for investigation and trial. There are no criminal antecedents of the petitioner. The petitioner is in custody since

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5 - NC: 2025:KHC:52884 CRL.P No. 16337 of 2025

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HC-KAR

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04.11.2025. As major portion of the investigation is over,

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he is not required for further custodial interrogation. Considering the above aspects, the petitioner has made out case for grant of bail with conditions.

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In the result, the following

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ORDER

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i) The petition is allowed.

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ii) The petitioner is granted bail in Crime No.12/2025 of Lokayuktha Police Station, Chikkamangluru registered for offence punishable under Section 7(a) of Prevention of Corruption Act subject to following conditions:

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a) The petitioner –accused shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the Trial Court.

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