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Judgment
Shivashankar Amarannavar, J
This petition is filed by the sole accused under Section 483 of BNSS praying to grant bail in Crime No.64/2025 of Lokayukta Police, Bangalore, registered for offence punishable under Section 7(c) of Prevention of Corruption Act.
Heard learned Senior Counsel for the petitioner and learned counsel for respondent/Lokayukta.
Learned Senior Counsel for the petitioner would contend that the allegation against the petitioner is that he demanded bribe for keeping open the business of the hotel beyond 01.30 a.m. in the night and a trap has been laid. The petitioner has not received the bait amount. The bait amount was found in the drawer. In trap cases, major portion of the investigation will be over on the day of trap. The petitioner is in judicial custody since last 38 days. The offence alleged against the petitioner is not punishable either with death or imprisonment for life. With this he prayed to allow the petition.
Per contra, learned counsel for respondent would contend that there is a clear demand and acceptance of the bribe by the petitioner. The conversation has been recorded by the complainant and it contains demand of bribe by the petitioner. The investigation is in progress. The trap was successful and Rs.30,000/- contained in a envelope was found in the drawer of the petitioner. The Investigating Officer has to record the statement of owner of the hotel. If the petitioner is granted bail, he will hamper the investigation and tamper the prosecution witnesses. With this, he prayed to reject the petition.
Having heard the learned counsel, the Court has perused the FIR, complaint and other material placed on record.
The complainant is the Manager of Hotel Sagar situated at Dr.Rajkumar Road, Rajaji Nagar, Bengaluru. In the complaint it is alleged that the said hotel was run beyond 01.30 a.m. in the night and for that the petitioner alleged to have demanded Rs.50,000/- and complainant initially agreed to pay Rs.30,000/-. The complaint has been made in that regard. The entrustment mahazar has been prepared. The trap has been laid. During the trap, envelope containing Rs.30,000/- was found in the drawer of the petitioner and it has been seized. Trap mahazar has been drawn.
In trap cases major portion of the investigation will be over on the day of trap. The petitioner is in judicial custody since 24.12.2025. As the major portion of the investigation is over, 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.
Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following:
ORDER
The petition is allowed. The petitioner is granted bail in Crime No.64/2025 of Lokayukta Police, Bangalore, subject to following conditions:
(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of jurisdictional Court.
(ii) Petitioner shall co-operate with the IO in investigation.
(iii) Petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.
