Citation : 2026 Latest Caselaw 1512 Kant
Judgement Date : 19 February, 2026
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NC: 2026:KHC:10434
CRL.P No. 1306 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. 1306 OF 2026 (438(Cr.PC) /
482(BNSS))
BETWEEN:
1. SRI S LINGAIAH
S/O LATE SRI. SANNALINGEGOWDA
AGED ABOUT 84 YEARS
R/AT DANDEKERE VILLAGE
HUNASEHALLI, GOWDAGERE
SIRA TALUK
TUMAKURU DISTRICT.
NOW TEMPORARILY STAYING AT
No.311, 'KUMARA KRUPA' GUEST HOUSE
SHIVANANDA CIRCLE
BENGALURU-560 001.
...PETITIONER
(BY SRI ABHINAV ANAND K, ADVOCATE)
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI AND:
Location: HIGH
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA
BY LOKAYUKTHA POLICE, TUMAKURU CITY.
REPRESENTED BY
THE LEARNED SPECIAL PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560 001.
...RESPONDENT
(BY SRI MANISH R, ADVOCATE
SRI B B PATIL, HCGP)
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NC: 2026:KHC:10434
CRL.P No. 1306 of 2026
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 438 Cr.PC (FILED
UNDER SECTION 482 BNSS) PRAYING TO GRANT HIM
ANTICIPATORY BAIL BY ALLOWING THIS PETITION DIRECTING
THE INVESTIGATING OFFICER OF LOK AYUKTHA POLICE
TUMKUR OR THE HON'BLE VII ADDL.DISTRICT AND SESSIONS
JUDGE AND SPL.JUDGE TUMKUR TO RELEASE THE PETITIONER
ON BAIL IN THE EVENT OF HIS ARREST IN CR.No.7/2025 OF
LIK AYUKTHA POLICE TUMAKUR UNDRE SEC.7(a) OF THE
PREVENTION OF CORRUPTION (AMENDMENT PROVISION OF
2018)THE VII ADDL.DIST. AND SESSIONS JUDGE, AND
SPECIAL JUDGE.
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.2 under Section
482 of BNSS praying to grant anticipatory bail in
Cr.No.07/2025 of Lokayukta Police Station, Tumkur
registered for offence under Section 7(a) of Prevention of
Corruption Act, 1988.
2. Heard the learned counsel for the petitioner and
learned counsel for the respondent.
3. The learned counsel for the petitioner would
contend that the petitioner is working as President of the
school in which accused No.1 is working as a Head Master.
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The name of this petitioner is not found in the averments
of the complaint. The petitioner is not arrayed as accused
in the FIR. The petitioner is ready to co-operate with the
police in the investigation. There are no criminal
antecedents of the petitioner. The offence alleged against
the petitioner is not punishable either with death or
imprisonment for life. The petitioner has not received any
bribe amount. With this he prayed to allow the petition.
4. Per contra, learned counsel for respondent would
contend that the one Guru is working as personal assistant
of this petitioner. Lohith is son of the said Guru. The bribe
amount of Rs.23,000/- has been transferred by Phonepe
by the complainant to said Lohith. The said Lohith, who is
having another Rs.79,000/- pertaining to the petitioner
and out of that Rs.79,000+23,000 = Rs.1,02,000/- he has
paid Rs.9,000/- towards rent and paid remaining
Rs.93,000/- to the wife of this petitioner by name
Mangala. The said transactions are all taken place online
and there are documents collected in that regard. The
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conversation reduced in the mahazar indicate there is a
demand of bribe and acceptance of bribe. There is no
apprehension of arrest of the petitioner. With this, he
prayed to reject the petition.
5. Having heard the learned counsels, the Court has
perused FIR, complaint and other materials placed on
record.
6. This court, while granting bail to accused No.1 in
the order dated 02.12.2025 passed in
Crl.P.No.14942/2025 has observed as under:
" 6. The case of prosecution is that, the complainant has applied for grant of paternity leave for fifteen days and earned leave for five days. The petitioner being Headmaster of the school wherein the complainant is working as Second Division Assistant stated to have demanded Rs.23,000/- as a bribe for sanction of paternity and earned leave. The alleged demand made by the petitioner is stated to have been recorded by the complainant in his mobile and memory card has been seized. There is no trap. As per the learned counsel for the respondent, the amount of bribe of Rs.23,000/- has
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been transferred by the complainant to one Lohith, son of Guru, as per instructions of the petitioner by phone pay. The statement of the said Lohith is already recorded. Considering said aspect, the major portion of the investigation is over. The petitioner is in custody since 09.10.2025. As major portion of the investigation is over, 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 petitioner being headmaster can be secured easily for further investigation and trial. The apprehension of the prosecution is that, if the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses can be met with by imposing stringent conditions."
7. Accused No.1 is the Headmaster in the school
which is run by an institution of which petitioner/accused
No.2 is the President. It is alleged that this petitioner has
demanded through the Headmaster Rs.23,000/- from the
complainant as bribe for sanction of paternity leave and
earned leave for 5 days. The complainant is stated to have
paid the said Rs.23,000/- bribe amount to one Lohit
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HC-KAR
through Phonepe. The said Lohith is stated to be the son
of Guru who is working as a personal assistant of the
petitioner. The said Lohith has transferred Rs.93,000/- to
the wife of the petitioner namely Mangala.
8. Considering the above aspects, the major portion
of the investigation is over. Therefore, the petitioner is not
required for further custodial interrogation. The offence
alleged against the petitioner is not punishable either with
death or imprisonment for life. There are no criminal
antecedents of the petitioner. The petitioner has
undertaken to co-operate for investigation and abide by
any conditions to be imposed by this Court.
9. Considering the above aspects, the petitioner has
made out case for grant of anticipatory bail with
conditions. In the result, the following:
ORDER
The petition is allowed. The petitioner is ordered to
be released on bail, in the event of his arrest, in Crime
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HC-KAR
No.07/2025 of Lokayukta Police Station, Tumkur, subject
to following conditions:
(i) Petitioner shall appear before the IO within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of IO.
(ii) Petitioner shall co-operate with the IO in further investigation, if any.
(iii) Petitioner shall attend the trial Court on all dates of hearing unless exempted and co- operate for speedy disposal of the case.
(iv) The petitioner shall not threaten the complainant and other prosecution witnesses either directly or indirectly.
Sd/-
(SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 37 Ct.sm
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