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2026 DAILYLAW 43186 (KAR)

SRI MARI GOWDA v. THE STATE OF KARNATAKA

CRL.P/13898/2026 · 2026-09-25

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010618662026 NC: 2026:KHC:53373 CRL.P No. 13864 of 2026 C/W CRL.P No. 13898 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13864 OF 2026 C/W CRIMINAL PETITION NO. 13898 OF 2026 IN CRL.P No. 13864/2026: BETWEEN: 1. H. JAGADISH S/O HULLURALAH AGED ABOUT 53 YEARS FORMER RRT SHIRATEDAR KANAKAPURA TALUK OFFICE REVENUE DEPARTMENT BENGALURU SOUTH DISTRICT RESIDING AT NO.180 HAMPINAGARA 7TH MAIN, 7TH CROSS VIJAYANAGAR 2ND STAGE BENGALURU - 560 040. 2. PRADEEP S/O LATE CHANDRAPPA AGED ABOUT 42 YEARS CASE WORKER, DISPSUTE BRANCH KANAKAPURA TALUK REVENUE DEPARTMENT BENGALURU SOUTH R/AT "VARDARAJA NILAYA" MAHADESHWARA BADAVANE PIPELINE ROAD, NEAR MAHADESHWARA TEMPLE, KANAKAPURA TOWN BENGALURU SOUTH DISTRICT. …PETITIONERS (BY SRI A.N. RADHA KRISHNA, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010618662026 NC: 2026:KHC:53373 CRL.P No. 13864 of 2026 C/W CRL.P No. 13898 of 2026 AND: THE STATE OF KARNATAKA BY LOKAYUKTHA POLICE RAMANAGARA, REPRESENTED BY ITS SPECIAL PROSECUTOR HIGH COURT BUILDINGS BENGALURU - 560 001. …RESPONDENT (BY SRI K. PRASANNA SHETTY, SPL COUNSEL & SPL. PUBLIC PROSECUTOR) THIS CRL.P IS FILED U/S.438 (FILED U/S.482 BNSS) CR.P.C PRAYING TO DIRECT THE RESPONDENT POLICE/LOKAYUKTHAT POLICE, RAMANAGARA IN THE EVENT OF PETITIONERS BEING ARRESTED IN CRIME NO.5/2026 FOR THE OFFENCE P/US/ 13(1)(a) R/W SEC.13(2) OF P.C. ACT, AND ALSO SEC.409,420,120-B OF IPC NOW PENDING ON THE FILE OF THE II ADDL DISTRICT AND SESSIONS JUDGE, RAMANAGARA THEY MAY BE ENLARGED ON BAIL. IN CRL.P NO. 13898/2026: BETWEEN: 1. SRI MARI GOWDA S/O LATE NANJUNDEGOWDA AGED ABOUT 73 YEARS R/O DUNNASANDRA VILLAGE GOTTULUHUNASE, KANAKAPURA TALUK BENGALURU SOUTH DISTRICT. 2. SRI MARILINGEGOWDA S/O LATE LINGEGOWDA AGED ABOUT 81 YEARS R/O GADASAHALLI VILLAGE SHIVANAHALLI, KANAKAPURA TALUK BENGALURU SOUTH DISTRICT. ...PETITIONERS (BY SRI A.N. RADHA KRISHNA, ADV.) AND: THE STATE OF KARNATAKA BY LOKAYUKTHA POLICE - 3 - HC-KAR CNR: KAHC010618662026 NC: 2026:KHC:53373 CRL.P No. 13864 of 2026 C/W CRL.P No. 13898 of 2026 RAMANAGARA REPRESENTED BY ITS SPECIAL PUBLIC PROSECUTOR BENGALURU - 560 001. ...RESPONDENT (BY SRI PRASANNA SHETTY K, SPL COUNSEL & SPECIAL PUBLIC PROSECUTOR) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE / LOKAYUKTHA POLICE, RAMANAGARA, IN THE EVENT OF PETITIONERS BEING ARRESTED IN CR.NO. 5/2026 FOR THE OFFENCES PUNISHABLE UNDER SECTION 13(1)(a) R/W13(2) OF P.C. ACT, AND ALSO SECTIONS 409, 420, 120(B) OF INDIAN PENAL CODE, NOW PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, THEY MAY BE ENLARGED ON BAIL. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.1, 2, 5 and 6 in Crime No.5/2026 registered by Karnataka Lokayuktha Police, Benglauru South, for the offences punishable under Sections 409, 420 and 120B of IPC and Sections 13(1)(a) read with Section 13(2) of the Prevention of Corruption Act, 1988 (Amendment Act, 2018), are before this Court in these two petitions filed under Section 482 of BNSS, 2023, seeking anticipatory bail. - 4 - HC-KAR CNR: KAHC010618662026 NC: 2026:KHC:53373 CRL.P No. 13864 of 2026 C/W CRL.P No. 13898 of 2026 2. Heard the learned counsel for the petitioners and learned counsel for the respondent, who has filed statement of objections opposing the bail application. 3. FIR in Crime No.5/2026 was registered by Karnataka Lokayuktha Police, Benglauru South, for the aforesaid offences against the petitioners and others, based on the first information dated 19.02.2026 received from Jagadeesh, who claims himself to be a social worker. Apprehending arrest in the said case, petitioners had approached the jurisdictional Court and since their bail applications were rejected, they are before this Court. 4. A reading of the first information would reveal that allegation against accused is that in respect of the land bearing Sy.No.154 of Shivanahalli Village, Kasaba Hobli, Kanakapura Taluk, which is a government land, grant order and saguvali chits are created and based on the same, revenue records have been changed in the name of respondent Nos.3 to 6 by accused Nos.1 and 2, named, in the FIR, who are government servants working in the revenue Department. - 5 - HC-KAR CNR: KAHC010618662026 NC: 2026:KHC:53373 CRL.P No. 13864 of 2026 C/W CRL.P No. 13898 of 2026 5. According to the prosecution, the original records with regard to the alleged grant dated 21.01.1970 under which, accused Nos.3 to 6 have been granted land is not available. However, records made available to this Court would go to show that the name of the grantees under the grant order dated 21.01.1970 has been entered in the revenue records of the land right from the year 1972-73 onwards till date. Therefore, even if the original documents relating to the grant order dated 21.01.1970 are not available, the fact remains that contemporary documents evidencing grant in favour of accused Nos.3 to 6 is available. Petitioners are said to be agriculturalists, who are in possession of the aforesaid lands ever since the date of grant. 6. Accused Nos.1 and 2, are working as Shirastedar and SDA respectively at Taluk Office in Kanakapura. The allegation against them is that in the month of August, 2025, they have received applications from accused Nos.3 to 6 for the purpose of issuing computerized RTC and even though, the original records are not available, computerized RTC is issued in favour of them. Considering the fact that the entries in the revenue - 6 - HC-KAR CNR: KAHC010618662026 NC: 2026:KHC:53373 CRL.P No. 13864 of 2026 C/W CRL.P No. 13898 of 2026 records of the land in dispute were made in the name of the beneficiaries of the grant right from the year 1972-73 onwards, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order:- 7. The petitions are allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.5/2026 registered by Karnataka Lokayuktha Police, Benglauru South, for the offences punishable under Sections 409, 420 and 120B of IPC and Sections 13(1)(a) read with Section 13(2) of the Prevention of Corruption Act, 1988 (Amendment Act, 2018) , subject to the following conditions: 1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer. - 7 - HC-KAR CNR: KAHC010618662026 NC: 2026:KHC:53373 CRL.P No. 13864 of 2026 C/W CRL.P No. 13898 of 2026 2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. 3. Petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon. 4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 1 Sl No.: 60