SRI R SUNDARESH NAIK vs THE STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:57294
WP No. 8743 of 2022


CNR: KAHC010193492022




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 12 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

WRIT PETITION No.8743 OF 2022 (GM-RES)

BETWEEN:

SRI R SUNDARESH NAIK
S/O LATE RAMJI NAIK
AGED ABOUT 41 YEARS,
RESIDING AT NO.101,
AFFINITY SERENITY
PINE STREET, RAMANSHREE CALIFORNIA GARDEN
PUTTENAHALLI POST, YELAHANKA
BANGALORE-560 064
…PETITIONER
(BY SRI M.S.BHAGWAT, SENIOR ADVOCATE FOR
SRI. SATISH K, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORMS
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIDHANA SOUDHA
BENGALURU-560 001

2. THE STATE OF KARNATAKA
DEPARTMENT OF HOME,
REPRESENTED BY ITS PRINCIPAL SECRETARY
VIDHANA SOUDHA
BENGALURU-560 001

3. THE DEPUTY SUPERINTENDENT OF POLICE
ANTI CORRUPTION BUREAU,
BANGALORE CITY, KHANIJA BHAVAN,












Digitally
signed by R
MANJUNATHA
Location:
HIGH COURT
OF
KARNATAKA

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HC-KAR
NC: 2026:KHC:57294
WP No. 8743 of 2022


CNR: KAHC010193492022


RACE COURSE ROAD,
BANGALORE-560 001.

THE DEPUTY SUPERINTENDENT OF POLICE
KARNATAKA LOKAYUKTHA POLICE
BANGALORE CITY
BANGALORE – 560 001

(CAUSE TITLE AMENDED AS PER ORDER DATED
19.09.2023.)

4.
SRI K J ANTONY
S/O K A JOHN
MAJOR
RESIDING AT NO.140, JYOTHI BHAVAN,
CHELEKERE
BANGALORE-560 043
…RESPONDENTS

(BY SMT.WAHEEDA.M.M, HIGH COURT GOVERNMENT PLEADER
FOR R1 AND R2;
SRI B.B.PATIL, ADVOCATE FOR R3;
SRI H.V.CHANDRASHEKAR, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482
CODE OF CRIMINAL PROCEDURE PRAYING TO CALL FOR
RECORDS AND QUASH THE IMPUGNED ORDER DATED
14.03.2016 PASSED BY THE R1 ANNEXURE-A IMPUGNED
COMPLAINT DATED 16.02.2022 GIVEN BY THE R4 TO THE R3
ANNEXURE-B AND THE IMPUGNED FIRST INFORMATION
REPORT DATED 16.02.2022 VIDE CRIME NO.10/2022
REGISTERED BY THE R3 ANNEXURE-C AND ALL FURTHER
PROCEEDINGS PENDING ON THE FILE OF THE R3 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:

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HC-KAR
NC: 2026:KHC:57294
WP No. 8743 of 2022


CNR: KAHC010193492022


CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

Heard Sri M.S.Bhagwat learned Counsel representing Sri
Satish K, learned counsel for the petitioner, Sri. B.B. Patil,
learned counsel for first respondent No.3, Sri.H.V.
Chandrashekhar, learned counsel for respondent No.4 and
Smt.Waheeda M.M, learned High Court Government Pleader .

2. Petition under Articles 226 and 227 of the Constitution of
India read with Section 482 of the Code of Criminal Procedure
with the following prayer:
“Issue writ or order quashing the impugned Order dated
14.03.2016 bearing No.CiAaaSuE 14 SeeLoU 2016 passed
st
by the 1 respondent (Annexure-A), impugned complaint
th rd
dated 16.02.2022 given by the 4 respondent to the 3
respondent (Annexure-B) and the impugned First
Information Report dated 16.02.2022 vide Crime
rd
No.10/2022 registered by 3 respondent (Annexure-C)
rd
and all further proceedings pending on the file of the 3
respondent, in the interest of justice and equity.”

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HC-KAR
NC: 2026:KHC:57294
WP No. 8743 of 2022


CNR: KAHC010193492022



3. Petitioner is accused in crime No.10/2022 registered by
the third respondent for the offence under Section 7(a) of the
Prevention of Corruption Act.


4. Facts in the nutshell which are utmost necessary for
disposal of the present petition are as under:

4.1 Petitioner was working as Assistant Executive Engineer
th
(Electrical) 9 East Sub Division, Bengaluru.

4.2 One Sri Varghees, owner of site bearing No.214, Telecom
Layout, HBR Layout, Bengaluru, constructed a building which
was in violation of the sanction plan. The Superintending
Engineer, Operation and Maintenance Circle (East) was directed
by the General Manager to take appropriate action against the
owner of the building by addressing a letter on 29.11.2021.


5. The Superintending Engineer, in turn, wrote a letter on
10.12.2021 to Sri Varghees, to disconnect the electricity
connection. It is in that regard, the fourth respondent
contacted the petitioner to set right the issue.

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NC: 2026:KHC:57294
WP No. 8743 of 2022


CNR: KAHC010193492022



6. Petitioner herein negotiated with the fourth respondent
and visited the house of Sri Varghees and suggested few
modifications and demanded for illegal gratification in a sum of
₹8,00,000/-. Whereas, the fourth respondent negotiated it for
₹5,00,000/- which was not agreed upon by the petitioner
herein.


7. Those conversations are recorded in the mobile telephone
by the fourth respondent. Since fourth respondent was not
interested in meeting the demand of illegal gratification lodged
the complaint with Lokayuktha which was registered in Crime
No.10/2022.


8. Lokayuktha Police after registering the FIR are
investigating the matter.


9. Very registration of the FIR is called in question by the
petitioner herein by contending that petitioner herein received
the letter from Superintending Engineer on 10.12.2021, as
such, petitioner had to take necessary action. Therefore,
issued the show cause notice on 22.12.2021 vide Annexure-F
to Sri Varghees.

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HC-KAR
NC: 2026:KHC:57294
WP No. 8743 of 2022


CNR: KAHC010193492022




10. In that regard, fourth respondent in order to wreck
vengeance against the petitioner lodged a false complaint and
same is registered by the Lokayuktha Police without there
being proper material on record. Thus sought for quashing of
the pending FIR.


11. Per contra , Sri B.B.Patil, learned counsel for Lokayuktha
and Sri H.V.Chandrashekar, learned counsel for the fourth
respondent and Smt.Waheeda, learned High Court Government
Pleader would support the registration of the case, as
overwhelming material evidence is placed on record for
registering the criminal case and proceeding with the
investigation and thus sought for dismissal of the petition.


12. Having heard the arguments of both sides this Court
perused the material on record meticulously.


13. On such perusal of the material on record, the
conversation that took place between the fourth respondent
and the petitioner herein is recorded in the trap mahazar.

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HC-KAR
NC: 2026:KHC:57294
WP No. 8743 of 2022


CNR: KAHC010193492022



14. There is a specific demand for ₹8,00,000 by the petitioner
with the fourth respondent, whereas, fourth respondent has
repeatedly requested the petitioner to settle the bribe amount
at ₹5,00,000/-. Same is depicted in the entrustment mahazar.


15. In fact, petitioner has suggested modifications in the
drawing plan of the house so as to withdraw the show cause
notice, perhaps, for the illegal gratification that he demanded.


16. Expressing any further opinion on the merits of the
matter would definitely hamper the rights of the petitioner as
well as, prejudice the case of the prosecution, by holding mini
trial.


17. Thus, desisting from holding the mini trial when the
material on record is analyzed, prima facie materials are found
which would compel this Court in dismissing the request for
quashing the pending proceedings.


18. It is settled principles of law and requires no emphasis
that the Courts or constitutional Courts owe the duty to the
people of the nation to show zero tolerance to corruption.

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HC-KAR
NC: 2026:KHC:57294
WP No. 8743 of 2022


CNR: KAHC010193492022




19. So also, the normal parameters for quashing the offences
under the other penal laws are not applicable in respect of the
offence alleged against a particular person under the provisions
of Prevention of Corruption Act.


20. View of this court in this regard is fortified by the
State of
Judgment of the Hon'ble Apex Court in the case of
Karnataka and another vs. Prabhu Shankar and another
2026 SCC OnLine SC 1446
reported in .


21. In view of the same, following:
ORDER
dismissed
Petition .
Sd/-
(V SRISHANANDA)
JUDGE

kcm
List No.: 1 Sl No.: 33
CT:VRR