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2026 Supreme(Online)(Kar) 20807

IN THE HIGH COURT OF KARNATAKA AT BENGALURU


NC: 2026:KHC:19577


CRIMINAL PETITION NO. 4805 OF 2026

(439(Cr.PC)/483(BNSS))

C/W

CRIMINAL PETITION NO. 4875 OF 2026



SAVITHA H N D/O NARASIMHANAYAKA AGED ABOUT 47 YEARS,


R/AT ASHOKA NAGARA WARD-1 VIJAYAPURA,


BENGALURU RURAL – 562 135 Dig itally signed by PRESENTLY R/AT NO.2, PAVITHRA N GOVT. DOCTORS QUARTERS,


Location: SIRA GOVT. HOSPITAL High Court of PREMISES, SIRA – 572 137


…PETITIONER


(BY SRI. K B K SWAMY., ADVOCATE)



AND:


THE STATE OF KARNATAKA BY LOKAYUKTA POLICE, TUMKUR


REPRESENTED BY SPECIAL PUBLIC PROSECUTOR,


HIGH COURT BUILDING, BENGALURU – 560 001


…RESPONDENT


(BY SRI. K. PRASANNA SHETTY., SPL.PP)


THE HON'BLE MR. JUSTICE S RACHAIAH


DATED THIS THE 8TH DAY OF APRIL, 2026

THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE HER ON BAIL IN CONNECTION WITH CRIME.NO.2/2026 REGISTERED BY THE KARNATAKA LOKAYUKTHA POLICE, TUMAKURU, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 7(A) OF PREVENTION OF CORRUPTION ACT, PENDING ON THE FILE OF HON’BLE VII ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE AT TUMAKURU.

IN CRL.P No.4875/2026

BETWEEN:

MANOJ E S/O ESHWARAIAH.D,

R/AT HOSAHALLI VILLAGE, AGED ABOUT 26 YEARS,

HULIKUNTE HOBLI, YEDALADAKU POST,

SIRA TALUK,

TUMAKURU – 572 135.

…PETITIONER

(BY SRI. GADEKAR NAGARAJ BABU, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY LOKAYUKTA POLICE, TUMKUR

REPRESENTED BY SPECIAL PUBLIC PROSECUTOR,

HIGH COURT BUILDING, BENGALURU – 560 001.

…RESPONDENT

(BY SRI. K. PRASANNA SHETTY., SPL.PP)

THIS CRL.P FILED U/S 439 CR.PC (FILED U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE HIM ON BAIL IN CONNECTION WITH CR.NO.2/2026 REGISTERED BY THE KARNATAKA LOLAYUKTHA POLICE, TUMAKURU, FOR THE OFFENCES P/U/S 7(a) OF PREVENTION OF CORRUPTION ACT, AND PENDING ON THE FILE OF THE HON’BLE VII ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, AT TUMAKURU.

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

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

ORAL ORDER

1. The petitioners are arraigned as accused Nos.1 and 2 are before this Court seeking regular bail in Crime No.02/2026 of respondent-police for the offence under Section 7(a) of Prevention of Corruption Act, 1988 (Amendment Act, 2018).

Brief facts of the case

2. The case of the prosecution is that Smt.Mangalamma aged about 60 years was suffering from vision impairment in her left eye and she was required to undergo surgery. Owing to the financial constraints, the complainant approached Tumkuru District Government Hospital on 21.02.2026 and the complainant was advised to approach the petitioner. The complainant had approached the petitioner along with his mother. The petitioner after conducting examination of his mother, opined that his mother required surgery. It is further stated that to fix suitable and good lens, Rs.6,000/- was to be paid. However, the complainant was not willing to pay the said amount. Hence, he lodged a complaint before the respondent-Police. A pre-trap panchanama was conducted and later, the complainant along with a shadow witness went to the spot and he was waiting to meet the petitioner/accused No.1. However, accused No.2 called the name of his mother. Then the complainant approached the accused No.2 and it is alleged that amount of Rs.6,000/- has been paid as illegal gratification to accused No.2. The said amount has been recovered from accused No.2 and the case has been registered against both accused Nos.1 and 2. The investigation is under progress.

3. Heard Sri.K.B.K.Swamy, learned counsel for the petitioner/accused No.1 in Crl.P.No.4805/2026 and Sri.Gadekar Nagaraj Babu, learned counsel for the petitioner/accused No.2 in Crl.P.No.4875/2026 and Sri.K.Prasanna Shetty, learned Special PP for the respondent-State.

4. It is the submission of the learned counsel for the respective petitioners that the petitioners are innocent of the alleged offences. In fact, the complainant with a malafide intention has lodged a false complaint to implicate the petitioners in a baseless and false case.

5. It is further submitted that the petitioners with a bonafide intention and due to the request made by the complainant, received an amount of Rs.6,000/- for the purpose of implanting the lens to the eye of the mother of the complainant. There is no demand nor acceptance of illegal gratification as alleged in the complaint.

6. It is further submitted that the petitioners have been falsely implicated in this case with a malafide intention. The petitioner/accused No.1 is a reputed Doctor and she is working for the welfare of the poor people. The p

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