- 1 - NC: 2025:KHC:18313 CRL.P No. 6224 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH CRIMINAL PETITION NO. 6224 OF 2025 (438(Cr.PC) / 482(BNSS)-) BETWEEN: 1. SRI PRAKASH B S AGED ABOUT 60 YEARS, S/O SRI B N SUBBARAYA SHETTY, 2. SRI S SHIVA KUMAR AGED ABOUT 58 YEARS, S/O SRI B N SUBBARAYA SHETTY, 3. SRI NARENDRA N AGED ABOUT 34 YEARS, S/O LATE SRI B S NAGABHUSHAN, ALL ARE RESIDING AT BAGALURU VILLAGE, JALA HOBLI, YELAHANKA TALUK, BENGALURU - 560 064. …PETITIONERS (BY SRI. VARADARAJ P N., ADVOCATE) AND: STATE BY BAGALURU POLICE, BENGALURU. REPRESENTED BY SPP, HIGH COURT BUILDING BANGALORE - 560 001. …RESPONDENT (BY SRI. VINAY MAHADEVAIAH, HCGP) THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNNS) PRAYING TO DIRECT RELEASE THE PETITIONERS IN THE EVENT OF THEIR ARREST IN CRIME NO.53/2025 ON THE FILE OF CIVIL JUDGE AND JMFC., AT DEVANAHALLI FOR THE OFFENCE PUNISHABLE UNDER SECTION 192(A), 96(2) KLR ACT, REGISTIRED BY BAGALUR P.S. ON SUCH CONDITIONS THAT MAY BE IMPOSED BY THIS HON'BLE COURT IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18313 CRL.P No. 6224 of 2025 CORAM: HON'BLE MR JUSTICE S RACHAIAH ORDER This petition is filed by the petitioners/accused Nos.1 to 3 seeking for anticipatory bail in Crime No.53/2025, registered by the Bagalur Police Station for the offences punishable under Sections 192(A) and 96(2) of Karnataka Land revenue Act, 1964. Brief facts of the case: 2. It is the case of the prosecution that the Tahsildar of Yelahanka registered a case against these petitioners stating that the property bearing Survey Nos.333/3, 333/4, 333/5 and 333/6 consisting of illegal layout which belongs to Sri. Narendra N., Son of B.S.Nagabhushan. It is alleged that the said layout is illegal layout and it has been formed without obtaining permission to convert the said land into non- agricultural purposes. 3. It is further stated that the complainant after verifying the said documents available on record opined that these petitioners have committed offences as stated supra. - 3 - NC: 2025:KHC:18313 CRL.P No. 6224 of 2025 Therefore, it was brought to the knowledge of the Deputy Commissioner. The Deputy Commissioner, after verifying the documents directed to register a case against these petitioners. Therefore, a case came to be registered against this petitioners in crime No.53/2025 for the offences as stated supra. 4. Heard Sri Varadaraj P.N, learned counsel for the petitioners and Sri Vinay Mahadevaiah, learned High Court Government Pleader for the respondent/State. 5. It is the submission of the learned counsel for the petitioners that the petitioners have not committed any offences and they are innocent of the alleged offences. The petitioners further stated that, the sale deeds were registered by the Sub-Registrar, which confirms that there is no violation of provisions of Karnataka Land revenue Act. 6. It is further submitted that, the petitioners were not given an opportunity to adduce documents relating to the entire transaction. The alleged offences are neither punishable with death nor imprisonment for life. Therefore, the petitioners may enlarged on bail by imposing suitable conditions. Making such submissions, the learned counsel for the petitioners prays to allow the petition. - 4 - NC: 2025:KHC:18313 CRL.P No. 6224 of 2025 7. Per contra, learned High Court Government Pleader vehemently opposed the bail petition contending that the petitioners had formed an illegal layout without obtaining permission to convert the land into non-agricultural purposes. Since, the petitioners have committed the offences as stated in the FIR, they may not be entitled for any relief, as prayed for. Making such submission, the learned HCGP prays for dismissal of the bail petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears that, the petitioners have formed a layout without converting the land into non-agricultural purposes. However, the fact remains that, the authorities must have given permission for them for the purpose of forming such a layout. Even assuming that the petitioners did not obtain necessary permission to form a layout, the facts remain that it is of civil in nature. Therefore, their petition may be considered by imposing suitable conditions. 9. Hence, I proceed to pass the following order: - 5 - NC: 2025:KHC:18313 CRL.P No. 6224 of 2025 ORDER The petition is allowed. The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No.53/2025 registered by respondent police for the offences punishable under Sections 192(A), 96(2) of the Karnataka Land Revenue Act, 1964, pending on the file of the Civil Judge and JMFC at Devanahalli, subject to the following conditions: (i) The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the jurisdiction police. (ii) The petitioners shall appear before the respondent police within one month from today to execute the bond and also the surety. (iii) The petitioners shall appear before the respondent police on fortnightly Saturday between 10.00 a.m to 2.00 p.m and he has to affix his signature till filing of the charge sheet. - 6 - NC: 2025:KHC:18313 CRL.P No. 6224 of 2025 (iv) The petitioners shall not threaten or tamper the prosecution witnesses. (v) The petitioners shall not commit similar offences till disposal of the case. (vi) The petitioners shall appear before the Trial Court on all hearing dates without fail. (vii) The Registry is directed to communicate this order to the jurisdictional Police Station forthwith. In case, if the petitioners violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail. Sd/- (S RACHAIAH) JUDGE SMC List No.: 1 Sl No.: 35 CT:SK