Smt. Rashmi G vs. State Of Karnataka

Crl.P.No.11823/2025 is preferred by accused No.1 and Crl.P.No.11866/2025 is preferred by accused No.

Both the petitions are filed under Section 483 of BNSS, 2023, seeking regular bail.

Heard the learned Senior counsel for the petitioners, learned Spl. Prosecutor for the respondent and perused the material on record.

Learned Spl. Prosecutor has filed statement of objections opposing the bail petitions. HC-KAR NC: 2025:KHC:37908

Brief facts: a. It is the case of prosecution that the complainant, Praveen D., Manager of Genome Energy Pvt. Ltd., lodged a complaint on 22.07.2025, alleging that on 08.05.2025 he had submitted quotations to the office of the Karnataka Urban Water Supply and Drainage Board, Bethamangala Sub-Division, for certain works relating to the restoration of 11 KV line for sum of Rs.57,000/- at Bethamangala Water Works Pump House and for the supply of a 20 HP motor with related pipe and fittings for a sum of Rs.2,42,760/- at Robertsonpet Pump House. Based on the said quotations, work orders dated 25.06.2025 came to be issued in his favour for Rs.47,471/- and Rs.2,42,760/- excluding 18 % GST. b. It is alleged that though no work was executed by the complainant pursuant to the said work orders, accused No.1 – Shivakumar, Assistant Executive Engineer and accused No.2 – Rashmi, Junior Engineer, of the Karnataka Urban Water Supply and Sewerage Board, HC-KAR NC: 2025:KHC:37908 Bethamangala Sub-Division, Bethamangala, KGF Taluk, by creating documents and processing bills, ensured that cheques were issued in his name, portraying that he has completed the work. On 16.07.2025, accused No.1 allegedly contacted the complainant and directed him to collect two cheques from the office of the Executive Engineer, Kolar, and to encash them and hand over the money. The complainant received two cheques, one bearing No.049219 for a sum of Rs.2,76,303/- and another bearing No.049220 for a sum of Rs.54,117/-, both dated 16.07.2025, and deposited them in his bank account. It is alleged that the accused have demanded that after deduction of 18% GST, the remaining amounts be transferred to them, failing which future work orders would not be issued. Further alleged that, on 17.07.2025, accused No.2 telephoned the complainant and enquired about the status of the refund of amount. Pursuant to such demand, on 21.07.2025, the complainant is alleged to have transferred a sum of Rs.2/- through UPI to HC-KAR NC: 2025:KHC:37908 accused no.1’s mobile No.9916432155 and a further sum of Rs.44,376/- through Google Pay in respect of Cheque No.049220. Thereafter, accused no.1 insisted on payment of the balance amount of Rs.2,26,569/- arising out of Cheque No.049219 and directed that the said amount be handed over to him on the morning of 22.07.2025, and later instructed to deliver the money to accused no.

The complainant, being unwilling to part with the said amount, lodged the complaint, alleging demand and acceptance of illegal gratification by accused Nos.1 and 2. Subsequently, on 22.07.2025, the police prepared the entrustment mahazar and pre-trap proceedings. Thereafter, on 23.07.2025, a trap was laid in the office of accused Nos.1 and 2, during which accused No.3, who was working in their office as a outsource employee, received the tainted amount of Rs.2,26,570/- at the instance of accused Nos.1 and 2. Consequently, accused Nos.1 to 3 were arrested on 24.07.2025 and were remanded to judicial custody HC-KAR NC: 2025:KHC:37908 wherein, accused no.3 was granted bail by the Sessions court.

The contentions of the learned Senior counsel for the petitioners are as under: (i) There is no prima facie material to substantiate the allegations made in the complaint. No cash or incriminating articles have been recovered from either of the petitioners, and the materials collected during investigation do not prima facie establish their direct or indirect involvement. (ii) There is an unexplained delay of more than 7 days in lodging the complaint, and no satisfactory explanation has been offered by the complainant for such delay, which casts serious doubt on the veracity of the allegations. (iii) There was no pending work of the complainant with the petitioners to attract Section 7(b) of the PC Act. Petitioners are falsely implicated. The allegation of HC-KAR NC: 2025:KHC:37908 demand and acceptance of the illegal gratification is baseless. (iv) Petitioner/accused No.2 is a woman. Both the petitioners have family consisting of minor children, dependant on them for their livelihood. (v) Major part of the investigation has been completed. Further custody of the petitioners is not warranted. They have deep roots in the society and undertake to abide by any conditions.

The contentions of the learned Spl. Prosecutor are as under: (i) Even though no work was undertaken, accused created forged documents, created the bills and issued two cheques in favour of the complainant with an understanding that the amount in the said cheques have to be transferred to the account of accused No.1, after deducting 18% GST. HC-KAR NC: 2025:KHC:37908 (ii) The pre-trap mahazar and trap mahazar clearly indicate the role played by the petitioners. They have accepted the bribe as a reward for issuing work order in favour of the complainant. (iii) The petitioners have not only demanded bribe, also created and fabricated completion certificate, bills and other particulars about completion of the work and cheated the government, in order to gain illegally. (iv) Five files pertaining to the complainant’s work are seized from the office of the petitioners. Issuance of work orders, bogus completion reports and fabricated bills were created without executing the works. (v) The prosecution has collected voice samples recorded in the mobile phone of the complainant. The voice recordings clearly disclose demand and acceptance of illegal gratification by accused No.1, through accused No.3 at the instance of accused No.2. HC-KAR NC: 2025:KHC:37908 (vi) Petitioners may tamper the evidence and documents, if they are released on bail, as the investigation is not concluded. (vii) The material on record clearly disclose a prima facie case against the petitioners.

It is not in dispute that accused No.1 has been working as Assistant Executive Engineer and accused No.2 as a Junior Engineer in Karnataka Urban Water Supply and Sewerage Board, Bethamangala Sub-Division, Bethamangala, KGF Taluk. The allegations are that, the complainant, a contractor, submitted quotations for certain works relating to the restoration of 11 KV line at Bethamangala Water Works Pump House and for the supply of a 20 HP motor with related pipe and fittings at Robertsonpet Pump House. The work orders came to be issued in favour of the complainant for Rs.47,471/- and Rs.2,42,760/- excluding 18% GST. Though no work was executed, petitioners namely, accused Nos.1 and 2 created documents and processed bills and issued cheques HC-KAR NC: 2025:KHC:37908 in favour of the complainant, with an understanding that the amount has to be returned to them, excluding the GST.

From the complaint averments, trap mahazar and the alleged recorded conversations, at this stage, there is a prima facie case against the petitioners. The tainted currency notes of Rs.2,26,570/- was recovered from accused No.3, an outsource employee, who was present in the office of the petitioners, while he was counting the money. The materials on record collectively point to the active role of the petitioners, which amounts to a serious abuse of public office and misappropriation of public funds.

This is a case wherein, the accused, public servants, have ventured to raise bills even without the work having been undertaken, affecting the moral fiber of the society, which needs to be considered seriously. Grant of bail, even before the investigation is completed, therefore, will defeat larger interests of the public/State. HC-KAR NC: 2025:KHC:37908 It is relevant to extract para-26 of the Hon’ble Apex Court in Niranjan Hemchandra Sashittal and Another v. State of Maharashtra reported in (2013) 4 SCC 642. “26. It can be stated without any fear of contradiction that corruption is not to be judged by degree, for corruption mothers disorder, destroys societal will to progress, accelerates undeserved ambitions, kills the conscience, jettisons the glory of the institutions, paralyses the economic health of a country, corrodes the sense of civility and mars the marrows of governance. It is worth noting that immoral acquisition of wealth destroys the energy of the people believing in honesty, and history records with agony how they have suffered. The only redeeming fact is that collective sensibility respects such suffering as it is in consonance with the constitutional morality.”

In the present case, investigation is not completed, voice samples are yet to be verified by the FSL, the background of the petitioners in relation to other works sanctioned by them requires a detailed probe. If the petitioners are enlarged on bail at this stage, there HC-KAR NC: 2025:KHC:37908 exists a reasonable likelihood of tampering the evidence, thereby hampering the ongoing investigation.

For the foregoing reasons, both the petitions are dismissed. The petitioners are at liberty to approach the Sessions Court for bail, upon completion of investigation. The observations made in the order are confined to the disposal of the present petitions. (MOHAMMAD NAWAZ) JUDGE