Citation : 2026 Latest Caselaw 1510 Kant
Judgement Date : 19 February, 2026
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NC: 2026:KHC:10345
CRL.P No. 1148 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No. 1148 OF 2026 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. SRI. N G UMESH
S/O GANGAIAH
AGED ABOUT 61 YEARS
R/A No. 58, GOVERNMENT COLLEGE ROAD
NELAMANGALA TOWN, BANGALORE RURAL
DISTRICT - 562 123.
...PETITIONER
(BY SMT. A SAHANA GOPAL, ADVOCATE FOR
SRI GOPAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed by THROUGH KARNATAKA
LAKSHMINARAYANA
MURTHY RAJASHRI LOKAYUKTA POLICE STATION.
Location: HIGH
COURT OF M.S. BUILDING
KARNATAKA AMBEDKAR VEEDHI, BANGALORE - 560 001.
REPRESENTED BY SPECIAL PUBLIC PROSECUTOR.
...RESPONDENT
(BY SRI MANISH R, ADVOCATE FOR
SRI B B PATIL, ADVOCATE)
THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED
UNDER SECTION 482 BNSS) PRAYING TO DIRECT THE
RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL
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CRL.P No. 1148 of 2026
HC-KAR
IN THE EVENT OF HIS ARREST IN CR.No.55/2025 REGISTERED
BY THE LOKAYUKTA POLICE STATION, BANGALORE AGAINST
THE PETITIONER/ACCUSED No. 9 BEFORE THE LEARNED XXIII
ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-24) AT
BANGALORE IN CRL. MISC. No.51/2026 FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 13(1)(A) R/W 13(2) OF
PREVENTION OF CORRUPTION ACT, 1988 (AMENDED ACT,
2018) AND SEC. 120B R/W 409, 419, 420 AND 417 OF INDIAN
PENAL CODE.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This petition is filed by accused No.9 under Section
482 of BNSS praying to grant anticipatory bail in Crime
No.55/2025 of Karnataka Lokayuktha Police Station,
Bengaluru registered for offences punishable under
Sections 13(1)(a) read with Section 13(2) of Prevention of
Corruption Act, 1988 and Sections 120B, 419, 420 and
417 of IPC.
2. Heard learned counsel for the petitioner and
learned counsel for the respondent.
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HC-KAR
3. Learned counsel for the petitioner would
contend that the petitioner was working as an Assistant
Executive Engineer in BBMP. There is no role of this
petitioner in carrying out the work and misappropriation.
The petitioner is ready to cooperate with the Investigating
Officer in the investigation. The offences alleged against
the petitioner are not punishable either with death or
imprisonment for life. Accused Nos.1 to 4, 7 and 8 have
been granted bail by this Court and therefore, the
petitioner is entitled for grant of anticipatory bail on the
ground of parity. With this, she prayed to allow the
petition.
4. Per contra, learned counsel for the respondent
would contend that the petitioner is having role in
misappropriation alleged in the complaint. The petitioner
was working as Assistant Executive Engineer and work
orders were issued during his tenure. The petitioner is
required for custodial interrogation. With this, he prays to
reject the petition.
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HC-KAR
5. Having heard learned counsels, the Court has
perused FIR, complaint and other materials placed on the
record.
6. This Court has considered the anticipatory bail
petition of accused Nos.1 to 3, 7 and 8 in Criminal Petition
No.16413/2025 in the order dated 09.01.2026 while
allowing the said petition has observed as under:
"6. Complaint is dated 02.09.2020 and it is made by Member of Parliament to ACB. FIR has been registered on 06.11.2025 by Karnataka Lokayukta, Bengaluru. It is contended by learned counsel for respondent that ACB was abolished and documents were transferred to the Lokayukta and therefore there is delay in registering the case. A perusal of page 3 of the complaint indicates that there is a mention that information was given to Lokayukta institution also in regard to the allegations made in the complaint. Considering the said aspect, it is clear that even the Lokayukta had information regarding the corruption made by the accused persons even prior to or on the date of complaint dated 02.09.2020. Even though names of petitioners are mentioned in the complaint, there is no specific
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allegation against them. The premises of the petitioners have been raided and documents were collected. Petitioners have undertaken to cooperate with the Investigating Agency and abide by any conditions to be imposed by this Court. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. Petitioners are retired Chief Engineers and working Engineers and their presence can be secured easily for investigation and trial."
Accused No.4 was working as Assistant Engineer has
also been granted bail in Criminal Petition No.16568/2025
by order dated 02.01.2026. The petitioner was working in
BBMP as Assistant Executive Engineer and he has retired
on 30.06.2025. The petitioner is similarly placed to that of
the other accused, who have been granted anticipatory
bail by this Court. The petitioner has undertaken to
cooperate with the investigation and abide by any
conditions to be imposed by this Court. The offences
alleged against the petitioner are not punishable either
with death or imprisonment for life. There are no criminal
antecedents of the petitioner. Considering the above
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aspects, the petitioner has made out case for grant of
anticipatory bail with conditions.
7. In the result, the following
ORDER
i) The petition is allowed.
ii) The petitioner -accused No.9 is ordered to be
released on bail in the event of his arrest in
Crime No.55/2025 of Karnataka Lokayuktha
Police Station, Bengaluru subject to following
conditions:
a) The petitioner -accused No.9 shall
voluntarily appear before the Investigating
Officer within 10 days from this day and
execute bail bond for sum of Rs.1,00,000/-
with one surety for the like sum to the
satisfaction of Investigating Officer.
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b) The petitioner -accused No.9 shall appear
before the Investigating Officer on first and
third Sunday of every month for a period of
03 months or till filing of the final report
whichever is earlier.
c) The petitioner -accused No.9 shall co-
operate with the Investigating Officer in the
investigation.
d) The petitioner -accused No.9 shall not
directly or indirectly make an inducement,
threat or promise to any person acquainted
with the facts of the case so as to dissuade
him from disclosing such a facts to the court
or police officer or tamper with the evidence.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 36 Ct.sm
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