IMAM S/O KAREEMSABH ATTAR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
D:16658
- 1 -
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
WAD
IN THE HIGH C
COURT OF KARNATAKA AT DHARW
TH
IS THE 7 DAY OF OCTOBER, 2026
6
DATED THI
BEFORE
T
THE HON'BL
LE MR. JUSTICE VENKATESH NAIK
CRIMINAL
L PETITION NO. 102505 OF 2026
(4
438(Cr.PC)/482(BNSS))
C/W
L PETITION NO. 102513 OF 2026
CRIMINAL
(4
438(Cr.PC)/482(BNSS))
IN CRL.P No. 10250
BETWEEN:
05/2026
IMAM S/O KARE
AGED ABOUT 40
OCCUPATION: P
CHC, TRAFFIC P
RESIDING OF: M
TALUK: RON, DI
AT PRESENT
RESIDING OF: M
DHARWAD - 580
EEMSABH ATTAR
0 YEARS,
POLICE CONSTABLE,
POLICE STATION, DHARWAD,
MENASIGI VILLAGE,
ISTRICT: GADAG,
MICHIGAN COMPOUND,
0001.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
ITIONER
…PETI
ADVOCATE)
(BY SRI. K.L.PATIL, A
AND:
THE STATE OF K
THROUGH KARN
REPRESENTED B
SPECIAL PUBLIC
KARNATAKA LOK
HIGH COURT OF
BENCH AT DHAR
KARNATAKA
NATAKA LOKYUKTA P.S., DHARWAD,
BY
C PROSECUTOR,
KAYUKTA,
F KARNATAKA,
RWAD - 580011.
ONDENT
…RESPO
B. MALAGOUDAR, SPP FOR R1)
(BY SRI. SANTOSH B
- 2 -
D:16658
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
438
LOW
NO.4
THIS CRIMINA
OF CR.P.C. (U/SEC.
THIS PETITION AND
ON ANTICIPATORY
DHARWAD P.S. CRIM
PUNISHABLE UNDER
CORRUPTION ACT 1
JUSTICE.
IN CRL.P NO. 1025
BETWEEN:
AL PETITION IS FILED UNDER SECTION
482 OF BNSS, 2023) PRAYING TO ALL
D ENLARGE THE PETITIONER/ACCUSEDN
BAIL IN DHARWAD LOKAYUKTA PO
ME NO.006/2026/DWD, FOR THE OFFEN
R SECTIONS 7(a), 7(A) OF PREVENTION
LICE
NCES
N OF
1988 (AMEND 2018), IN THE INTEREST
T OF
513/2026
GIRISH S/O SUR
AGED ABOUT 42
OCCUPATION: H
RESIDING OF: M
TALUK AND DIS
RESH MANASUR
2 YEARS,
HEAD CONSTABLE,
MELINA ONI,MANAGUNDI,
STRICT: DHARWAD - 580001.
...PETITION
DA K. KABBUR,ADVOCATE)
NER
(BY SRI. IRANAGOUD
AND:
THE STATE OF K
REPRESENTED B
THROUGH LOKA
DHARWAD - 580
KARNATAKA
BY STATE PUBLIC PROSECUTOR,
AYUKTA POLICE STATION,
0001.
...RESPONDE
B. MALAGOUDAR,SPP FOR R1)
ENT
(BY SRI. SANTOSH B
THIS CRIMINAL
OF CR.P.C. (U/S.482
PETITION MAY BE A
NO.3 MAY PLEASE B
NO.06/2026 OF LOKA
RD
LEARNED III ADDL
JUDGE FOR CBI/ACB/
PUNISHABLE UNDER
THESE PETI
ARGUMENTS, THIS D
L PETITION IS FILED UNDER SECTION 4
438
THE
SED
2 OF BNSS, 2023) PRAYING TO THAT T
ALLOWED AND THE PETITIONERS/ACCUS
BE RELEASED ANTICIPATORY BAIL, CR
AYUKTA POLICE STATION, PENDING BEFO
L. DISTRICT AND SESSION JUDGE AND S
IME
ORE
SPL.
/KLA CASES, DHARWAD FOR THE OFFENC
CES
88.
SECTION 7(a) AND 7(A) OF P.C. ACT 198
TIONS, COMING ON FOR FURT
DAY, ORDER WAS MADE THEREIN AS UND
THER
DER:
- 3 -
D:16658
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
CORAM: HON'BLE
MR. JUSTICE VENKATESH NAIK T
ORAL ORDER
by the
Criminal Peti
tion No.102513/2026 is filed b
5/2026
petitioner/accused
No.3 and Criminal Petition No.10250
BNSS,
is filed by the pet
titioner/accused No.4, U/Sec. 482 of
2026 of
seeking anticipatory
y bail in connection with Crime No.6/2
nishable
Dharwad Lokayukt
ta Police registered for offences pun
tion of
under Section 7(a
a) and Section 7(A) of the Preven
ict and
Corruption Act, pe
ending on the file of III Addl. Distr
a Cases
Session Judge and
Special Judge for CBI and Lokayukta
Dharwad.
nutshell
2. The brie
ef facts of the prosecution case in a n
are that:-
nthappa
The de-facto
o complainant, one Hanaman
alleged
Sanganahalli, resid
dent of Koppal, driver of the truck,
pted by
that on 20.07.2026
6, he and another driver were intercep
ting the
the Dharwad Rural
Police near Yerikoppa while transport
s Iqbal
sand. The police
personnel introduced themselves as
ayment
(Accused No.2) an
d others. They demanded monthly pa
- 4 -
D:16658
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
ppal to
to allow uninterru
upted sand transportation from Kop
Hubballi-Dharwad a
and surrounding areas. On 21.08.20
26, the
de-facto complaina
ant met accused No.2 near Shivaji
Circle,
Dharwad, where a
ccused No.2 introduced accused No.
1, and
he demanded Rs.2
25,000/- per month for Traffic Police
e, Town
Police, Vidyagiri Po
lice, and CCB police stations, and sep
parately
a sum of Rs.10,000
0/- for Dharwad Rural Police. Later, t
the de-
facto complainant m
met accused No.3 at Hubballi, who rei
terated
the demand and in
nstructed payment via PhonePe. Hen
nce, on
25.08.2026, the d
de-facto complainant transferred a s
sum of
Rs.4,000/- to accu
sed No.1 and Rs.10,000/- to accused
d No.2,
and was asked to
pay further amounts, which were re
ecorded
and reported. Base
ed on this complaint, the Lokayukta
Police,
Dharwad, registere
ed the case for the aforesaid offences
. These
petitioners are arr
ayed as accused Nos.3 and 4 respe
ectively.
The names of accu
used Nos.1 to 3 find place in the FI
IR, and
during the course o
of investigation, the name of accused
No.4 is
included. Apprehen
nding arrest at the hands of the respo
ondent-
police, the petition
ners/accused Nos.3 and 4 have filed
d these
anticipatory bail pe
titions.
- 5 -
D:16658
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
3. Learned
d counsel Sri K. L. Patil and Sri Iran
agouda
Kabbur appearing
for the petitioners vehemently con
ntended
that these petition
ers are falsely implicated in the case
e. They
never demanded an
ny amount from the de-facto complain
nant. In
the absence of any
y relevant material on record, it can
nnot be
held that these pet
titioners have demanded money from
the de-
facto complainant.
. These petitioners are working as
s Police
Constables at Hubb
balli Rural and Dharwad Traffic Police
Station
respectively. They
are ready to abide by the conditions
s to be
imposed by this Co
ourt and they are ready to cooperate w
with the
investigating agen
ncy. Hence, they prayed to allo
ow the
petitions.
4. Per con
ntra, Sri Santosh B. Malagoudar,
learned
Special Public Pro
osecutor for respondent No.1 Loka
ayukta,
vehemently conten
nded that the petitioners are involved
d in the
alleged offences. T
There is prima facie allegation agains
st these
petitioners. There
is a voice recording and video clipp
pings of
accused No.3 dema
anding money from the complainant, a
and the
investigating office
er recovered a sum of Rs.5,000/
- from
- 6 -
D:16658
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
These
accused No.1 and
d Rs.4,300/- from accused No.2.
petitioners, being
responsible police officials, are alle
eged to
have been involve
ed in the alleged commission of offe
ence. If
anticipatory bail
is granted, they may tamper wi
th the
investigation and t
they may commit similar offences.
Hence,
the learned SPP pra
ayed to reject the petitions.
5. Perused
d the material available on record.
Having
heard learned cou
nsel on either side and on perusal
of the
material on record
d, it discloses that on 25.08.2026, t
the de-
facto complainant
lodged the complaint, and after two
o days,
pre-trap panchana
ma was conducted, and on 28.08.2
2026, a
sum of Rs.5,000/- a
and Rs.4,300/- were recovered from a
accused
Nos.1 and 2.
6. Hence,
it is just and necessary to analyze Se
ection 7
of the Prevention o
f Corruption Act.
7. [ Offence
relating to public servant being
bribed. [Sub
bstituted by Act No. 16 of 2018,
dated 26.7.2
2018.] - Any public servant who,-
(a) obtains
or accepts or attempts to obtain from
any person, a
an undue advantage, with the intention
to perform
or cause performance of public duty
- 7 -
D:16658
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
improperly o
or dishonestly or to forbear or cause
forbearance t
to perform such duty either by himself
or by another
r public servant; or
(b) obtains
or accepts or attempts to obtain, an
undue advan
ntage from any person as a reward for
the improper
r or dishonest performance of a public
duty or for fo
orbearing to perform such duty either by
himself or an
other public servant; or
(c) performs
s or induces another public servant to
perform impr
roperly or dishonestly a public duty or to
forbear perfor
rmance of such duty in anticipation of or
in consequen
nce of accepting an undue advantage
from any
person, shall be punishable with
imprisonment
t for a term which shall not be less than
three years
but which may extend to seven years
and shall also
o be liable to fine.
7. Wherea
as, in these cases, the voice recordi
ng was
alleged to have bee
en recorded on 25.08.2025 and 27.08
8.2026.
Whether the alleg
ged conversation appearing in the
mobile
phone of the de-fa
acto complainant pertains to the accu
used or
not is to be tested
by the competent authorities. The re
cording
alleged to be found
d in the mobile phone appears to be ad
dded or
morphed; this asp
pect is also to be tested by the com
mpetent
- 8 -
D:16658
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
p to the
authorities. Therefo
ore, at this juncture, one cannot jump
conclusion regardin
ng the voice recording of the accused.
8. Learned
d counsel for the petitioners vehe
emently
contended that the
principal accused (accused Nos.1 and
d 2) are
already enlarged
on bail; hence, on the ground of
parity,
accused Nos.3 and
4 are also entitled to bail.
9. In supp
port of their contentions, learned c
counsel
relied upon the ca
ase of Satender Kumar Antil vs. C
Central
tigation & Anr ., reported in (2026)
7 SCC
Bureau of Invest
311, wherein the
Hon’ble Apex Court at paragraphs 3
31, 32,
33.1 to 33.6 held a
s under:
31. Hence, w
notice under
accused or an
punishable w
rule, while an
Section 35(1
exception.
CONCLUSION
32. The pow
with Section
interpreted a
subjective co
not mean the
questions. Ho
must satisfy
offence punis
we have no hesitation to hold that a
Section 35(3) of the BNSS, 2023 to an
ny individual concerned, qua an offence
with imprisonment up to 7 years, is the
n arrest under Section 35(6) read with
1)(b) of the BNSS, 2023, is a clear
N
wer of arrest under Section 35(6) read
35(1)(b) of the BNSS, 2023 must be
s a strict objective necessity, and not a
onvenience for the police officer. It does
e police officer can arrest to simply ask
owever, it means that the police officer
himself that the investigation, qua an
shable with imprisonment up to 7 years,
- 9 -
D:16658
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
cannot proc
concerned ind
to the contra
and legislati
Sections 35(3
33. On the ba
conclude as f
33.1 An ar
ceed effectively without taking the
dividual into custody. Any interpretation
ary would clearly frustrate the purpose
ive intent of Sections 35(1)(b) and
3) to 35(6) of the BNSS, 2023.
asis of the interpretation given by us, we
follows:
rrest by a police officer is a mere
tory discretion which facilitates him to
uct proper investigation, in the form
ollection of evidence and, therefore,
statut
condu
of co
shall n
33.2 Conse
not be termed as mandatory.
equently, the police officer shall ask
elf the question as to whether an
himse
arrest
under
33.3 For e
t is a necessity or not, before
rtaking the said exercise.
effecting an arrest, qua an offence
punish
years,
of the
the
35(1)
existe
33.4 A not
hable with imprisonment up to 7
, the mandate of Section 35(1)(b)(i)
e BNSS, 2023 along with any one of
conditions mentioned in Section
)(b)(ii) of the BNSS, 2023 must be in
ence.
tice under Section 35(3) of the BNSS,
2023
conce
impris
33.5 Even
to an accused or any individual
erned, qua offences punishable with
sonment up to 7 years, is the rule.
if the circumstances warranting an
t of a person are available in terms of
conditions mentioned under Section
)(b) of the BNSS, 2023, the arrest
arrest
the c
35(1)
shall
absolu
33.6 Power
not be undertaken, unless it
utely warranted.
r of arrest under Section 35(6) read
Section 35(1)(b) of the BNSS, 2023,
uant to a notice issued under Section
with S
pursu
35(3)
) of the BNSS, 2023 is not a matter of
- 10 -
D:16658
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
routin
officer
slow i
10. On peru
ne, but an exception, and the police
r is expected to be circumspect and
in exercising the said power.
usal of the decision cited supra, the
Hon'ble
Apex Court held t
that the police officer can arrest a
person
accused of a cr
rime if the offence is punishable
e with
imprisonment upto
o 7 years, and the same is legally ju
ustified,
and what should be
e the interpretation of power of arrest
t under
Section 35(6) r/w 3
35(1)(b) of the BNSS, 2023.
11. Further
, the police officer must satisfy hims
elf that
the investigation o
of an offence punishable with impriso
onment
upto 7 years can
not proceed effectively without taki
ing the
individual concerne
ed into custody. Further, an arrest
t by a
police officer is a m
mere statutory discretion which facilitat
tes him
to conduct proper
investigation and collection of evidenc
ce, and
therefore shall not
be termed as mandatory. Consequen
tly, the
police officer shall a
ask himself the question whether an a
arrest is
necessary or not be
efore undertaking the said exercise.
12. In the
instant case, the learned Special
Public
Prosecutor contend
ded that accused Nos.3 and 4 are in
volved,
and accused No.3
is directly involved as there is vide
eograph
- 11 -
D:16658
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
accused
and voice recordin
ng between the complainant and a
No.3. Insofar as ac
ccused No.4 is concerned, on the sta
atement
of accused No.1,
the name of accused No.4 is imp
licated.
Admittedly, an ex
xculpatory police statement of an a
accused
person under Sect
tion 161 Cr.P.C., which at the sam
me time
implicates another
co-accused, cannot be relied upon
merely
because such stat
ement is not hit by safeguards und
der the
Evidence Act. The f
fundamental canon of criminal jurispr
rudence
is that a statemen
nt of one accused person cannot b
e used
against another c
co-accused. The limited exception
is an
inculpatory confes
sion where the accused person no
ot only
admits his own gui
lt, but also implicates another co-accu
used. A
similar ratio is laid
d down in T. Krishna Mohan Red
ddy vs.
State of Andhra P
Pradesh, reported in 2025 INSC 725
5 (SLP
Crl. No. 7532 of 2
2025, disposed of on 16 May 2025 )
).
13. Admitte
edly, the petitioners are Gove
rnment
servants and their
presence can be secured easily. The
alleged
offences are not pu
unishable with death or imprisonment
for life.
The contention tha
at petitioners are not entitled to antic
cipatory
- 12 -
D:16658
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
criminal
bail cannot be su
ustained. The petitioners have no c
antecedents as on
n this date. Whether the petitioner
rs have
received any amou
unts through PhonePe is a question
of trial
and has to be authe
enticated by the competent authority.
Unless
this exercise is do
one, they cannot be held liable. Hen
ce, the
petitioners are ent
itled to bail. On all these grounds, it
t is just
and necessary to g
rant bail to the petitioners.
14. It is w
ell established principles of law tha
t while
granting bail, Cour
rt has to consider the nature of the o
offence,
circumstances in w
which the offence is committed, positi
ion and
status of the pet
titioner with reference to the victi
m and
witnesses, likelihoo
od of fleeing away from justice, of re
peating
same offences by
y the petitioner, of tampering wi
ith the
witnesses, charact
ter and antecedents of the petit
tioners.
Further, the law is
well settled that while disposing of t
the bail
petition, the Court
need not scan the prosecution pape
ers and
hold mini trial.
15. Keeping
g all these factors in mind, when the
e Court
goes through the
entire material placed on record, it
can be
said that prima fa
acie there are no reasonable and su
ufficient
- 13 -
D:16658
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
e guilty
grounds to believe,
, at this stage, that the petitioners are
of the offences alle
eged. Therefore, the petitioners are e
entitled
to be enlarged on b
bail.
Hence, the Co
urt proceeds to pass the following:-
ORDER
The Criminal
Petitions are allowed. Petitioners/a
accused
Nos.3 and 4 are or
rdered to be enlarged on anticipatory
y bail in
the event of his ar
rrest in connection with Crime No.6/2
2026 of
Dharwad Lokayukta
a Police, registered for the offices pun
nishable
U/Sec. 7(a) AND 7
7(A) OF pc Act, pending on the ifle
of the
learned III Addl. D
District and Session Judge and Specia
l Judge
for CBI and Lokayu
ukta Cases, Dharwad on executing a p
ersonal
bond for a sum of R
Rs. 2,00,000/-(Two Lakh only) each w
with two
sureties for the like
e sum to the satisfaction of the S.H.O.
. / I.O.,
Dharwad Lokayuk
kta Police, subject to the fo
ollowing
conditions:
a. The petition
rk
ners/accused Nos.3 and 4 shall mar
rd
their attend
dance on the first Sunday and thir
nd
Sunday of e
every month between 10:00 a.m. an
of
5:00 p.m. fo
for a period of six months or till filing o
the final rep
port, whichever is earlier.
- 14 -
D:16658
HC-KAR
NC: 2026:KHC-D
CRL.P No. 102505 o
C/W CRL.P No. 102513 o
of 2026
of 2026
CNR: KAHC0201750120
026
b. The petitio
oners shall not tamper with th
he
prosecution
witnesses.
c. The petitio
oners shall co-operate with th
he
investigation
n or enquiry.
d. The petition
ners shall appear before the competen
nt
Court regula
arly.
e. The petition
ners shall not commit any offences i
in
future.
Violation of a
any of the above conditions will ent
itle the
prosecution to seek
k cancellation of bail.
Note: The above
observations are made herein only
for the
purpose of disposal
l of these bail petitions.
Sd/-
(VENKATESH NAIK T)
JUDGE
MN /CT-SK
List No.: 1 Sl No.: 2
24