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Judgment
20 paragraphs · 601 wordsM.G.S. Kamal, J
This petition is filed by the accused No.2-petitioner seeking grant of bail in Crime No.14/2026 registered by the Karnataka Lokayukta, Bengaluru Urban Wing, Bengaluru for the offences punishable under Sections 7(a) and 7(b) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the P.C. Act').
A complaint came to be filed against accused No.2- petitioner herein and another alleging demand of illegal gratification in a sum of Rs.30,00,000/- for change of khata in respect of residential plot. Trap was laid on 02.04.2026 at about 04.30 p.m., by the respondent-Lokayukta Police and it was successful. Accordingly, accused Nos.1 and 2 were arrested after drawing up of the trap mahazar and they have been in judicial custody ever since then.
Learned Senior Counsel Sri. Sandesh J. Chouta, appearing for Sri. R. Nagendra Naik., learned counsel for the petitioner submits that since alleged trap proceedings have been completed and the respondent-Lokayukta police seem to have cited witnesses, who are the Government employees, there is neither requirement of the accused No.2-petitioner herein for any interrogation nor can there be any likelihood of accused No.2-petitioner herein influencing or tampering with the prosecution witnesses.
That accused No.2-petitioner herein is suffering from heart ailment. That apart there is a wedding of the petitioner's niece, which is scheduled to be held on 02.05.2026. That the punishment prescribed is 7 years. Hence, seeks for allowing of the petition.
Learned counsel for the respondent-Lokayukta police files statement of objections and submits that the trap was successful. He submits that the accused No.2-petitioner herein may tamper the witnesses. Hence, seeks for rejection of the petition.
Heard and perused the records.
Since the alleged trap is stated to have been successful, charge sheet having been filed, witnesses are from the Department of Education, as rightly pointed out by learned Senior counsel appearing for the petitioner, there seem to be no requirement of any further interrogation of the accused No.2-petitioner herein.
Considering the submissions regarding his health and the ensuing wedding, which is scheduled to be held on 02.05.2026 as evidenced by the wedding invitation produced along with the petition, this Court deems it appropriate to grant bail as sought for.
Accordingly, following;
ORDER
(i) Criminal Petition filed under Section 483 of BNSS, 2023 is allowed.
(ii) The accused No.2-petitioner herein is directed to be enlarged on bail in Crime No.14/2026, registered by the Karnataka Lokayuktha Police, Bengaluru Urban Wing, Bengaluru for the offences punishable under Sections 7(a) and 7(b) of the Prevention of Corruption Act, 1988, subject to the following conditions:
a) The accused No.2-petitioner shall execute personal bond for a sum of Rs.2,00,000/- with two local sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The accused No.2-petitioner shall appear before the Investigation Officer within 10 days from the date of receipt of certified copy of this order and extend full co-operation in the investigation of the matter.
c) The accused No.2-petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
d) The accused No.2-petitioner shall not tamper with the prosecution witnesses.
e) The accused No.2/petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
f) The accused No.2/petitioner shall attend the concerned Investigating Officer once in a month on first Sunday between 9.00 a.m. and 1.00 p.m. and mark his attendance till filing of charge sheet.
Communicate copy of this order to the trial Court and concerned prison authorities forthwith.
