ANILKUMAR vs THE STATE
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11383
CRL.P No. 201441 of 2026
CNR: KAHC030112402026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201441 OF 2026
(439(Cr.PC)/483(BNSS))
BETWEEN:
ANILKUMAR S/O MAMLAPPA ULLAGADI,
AGE: 27 YEARS, OCC: POLICE CONSTABLE
607, SULEPETH P.S., R/O: JAINAPUR,
TQ : BASAVAN BAGEWADI,
DIST : VIJAYAPUR.
NOW R/AT: POLICE QUARTERS NO.8,
SULEPETH, DIST: KALABURAGI.
…PETITIONER
(BY SRI AVINASH A.UPLAONKAR AND KUM. VAISHNAVI J.
MANGANE, ADVOCATES)
AND:
THE STATE THROUGH,
LOKAYUKTA POLICE STATION,
KALABURAGI, DIST: KALABURAGI.
NOW REP. BY SPL. P.P.,
HIGH COURT OF KARNATAKA,
AT KALABURAGI BENCH 585 107.
…RESPONDENT
(BY SRI SUBHASH MALLAPUR, SPL. P.P.,)
THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C
(OLD) UNDER SECTION 483 OF BNSS (NEW) PRAYING TO
RELEASE THE ACCUSED/PETITIONER ON BAIL IN CRIME
NO.23/2026 OF LOKAYUKTA POLICE STATION KALABURAGI,
Digitally signed
by SUMITRA
SHERIGAR
Location: HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC-K:11383
CRL.P No. 201441 of 2026
CNR: KAHC030112402026
FOR THE OFFENCES PUNISHABLE UNDER SECTION 7(a) OF
THE PREVENTION OF CORRUPTION ACT, 1988. (AMENDMENT
2018), PENDING BEFORE THE PRINCIPAL DISTRICT AND
SESSIONS JUDGE AT KALABURAGI, IN THE INTEREST OF
JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Learned counsel for the petitioner is present.
Learned Special Public Prosecutor (for short ‘Spl.PP’) for
the respondent is present and he files statement of
objections to the petition and for the reasons stated
therein, he has sought for dismissal of the petition.
2. Heard the learned counsel for the petitioner
and the learned Spl.PP for the respondent on the
petition. Perused the relevant materials on record.
3. This petition is filed by the petitioner/accused
under Section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 praying to release him on bail in the case
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HC-KAR
NC: 2026:KHC-K:11383
CRL.P No. 201441 of 2026
CNR: KAHC030112402026
in Crime No.23/2026 of the respondent Lokayukta
Police for the offence punishable under Section 7(a) of
Prevention of Corruption Act (for short ‘PC Act’) pending
before the learned Principal District and Sessions
Judge, Kalaburagi.
4. The case alleged against the petitioner is that
the complainant was required to appear before the
Investigating Officer of Sulepet Police Station once in a
month in pursuant to the order of this Court, wherein
the petitioner being the Police Constable was working as
Writer allegedly instructed the complainant that he
should attend the police station every Sunday and
threatened him that if he failed to appear as told by
him, the bail would be cancelled and he would be sent
to custody and thereby he demanded bribe of
Rs.3,000/- from the complainant. The said amount was
transferred through PhonePe to the mobile number of
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HC-KAR
NC: 2026:KHC-K:11383
CRL.P No. 201441 of 2026
CNR: KAHC030112402026
Krishna, who is allegedly intimidator of the petitioner.
Hence, the petitioner committed the alleged offence.
5. The submission of the learned counsel for the
petitioner is that the petitioner is innocent of the offence
alleged against him and he has not committed any
offence. Per contra, as submitted by the learned Spl. PP,
the investigation is at the initial stage and it is yet to be
completed and hence, at this stage, any of the
contentions of the petitioner that he is innocent of the
offences alleged against him does not merit
consideration.
6. However, even if it is accepted for the sake of
argument that there is prima facie case against the
petitioner for the alleged offence, the said offence is
punishable with imprisonment which for a term which
shall not be less than three (3) years but which may
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HC-KAR
NC: 2026:KHC-K:11383
CRL.P No. 201441 of 2026
CNR: KAHC030112402026
extend to seven(7) years and it is exclusively triable by
the learned Sessions Judge.
7. Moreover, it is undisputed fact that the
petitioner is working as Writer in the police Station.
Therefore, if the petitioner is released on bail, there is no
chance of him absconding. Further, the petitioner is
permanent resident of Jainapur of Basavan Bagewadi
and he is residing at Police Quarters No.8 of Sulepet of
Kalaburagi District. Therefore, the petitioner is residing
within the jurisdiction of respondent Lokayukta Police
and also within the jurisdiction of the Court of learned
Special Judge. Further, the petitioner has been already
arrested and he was remanded to judicial custody by
the respondent police. This would show that the
custodial interrogation of the petitioner is not required
by the respondent in further investigation of the case.
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HC-KAR
NC: 2026:KHC-K:11383
CRL.P No. 201441 of 2026
CNR: KAHC030112402026
8. It is well settled that bail is rule and jail is an
exception. The petitioner cannot be detained in judicial
custody during pre-trial stage as punishment for the
alleged offence. Any of the apprehensions of the learned
Spl. PP can be suitably met with by imposing proper
and necessary conditions on the petitioner making him
to assist the respondent Lokayukta Police in further
investigation of the case. There is no material
forthcoming from the respondent Lokayukta Police to
show any antecedents of the petitioner that he
committed similar offence or any offence earlier.
9. There is no special ground made out by the
respondent Lokayukta Police to deny bail to the
petitioner. Therefore, the petitioner has made out
sufficient grounds to grant bail in his favour.
Consequently, this petition deserves to be allowed.
10. In the result, I proceed to pass the following:
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HC-KAR
NC: 2026:KHC-K:11383
CRL.P No. 201441 of 2026
CNR: KAHC030112402026
ORDER
This Criminal Petition is allowed.
Consequently, the petitioner/accused shall be
enlarged on bail in the case in Crime No.23/2026
of the respondent Lokayukta Police for the offence
punishable under Section 7(a) of Prevention of
Corruption Act on his executing personal bond for
Rs.2,00,000/- with two sureties for the like sum to
the satisfaction of the learned Special Judge,
subject to the following conditions that:
a) The petitioner shall appear before the
respondent Lokayukta Police once in 15
st th
days i.e., on 1 and 15 of every month
commencing from 01.11.2026 till filing
of final report and he shall assist the
respondent Lokayukta Police in further
investigation of the case.
b) He shall appear before the trial Court/
learned Special Judge as and when
directed and he shall assist the trial
Court in trial of the case.
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CRL.P No. 201441 of 2026
CNR: KAHC030112402026
c) He shall not tamper with prosecution
witnesses and also shall not hamper
further investigation of the case in any
manner, and
d) He shall not commit similar offence or
any offence during the pendency of
case.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
RSP
List No.: 1 Sl No.: 13