Facts
Hassan City Police registered Crime No. 157/2019 against unknown persons on the basis of a report dated 24 October 2019 concerning allegedly fraudulent allotments of land reserved for land losers of the Hemavathi River Project.
Source reference: p.4The report stated that 414 such cases had been identified for the period from 1 January 2015 to 30 November 2018.
Source reference: p.4In 2026, the Deputy Commissioner directed an enquiry concerning 141 persons who had worked in the Revenue Department during 2015–2019; the petitioners, Revenue Department officials, apprehended arrest.
Source reference: p.5After their anticipatory-bail applications were rejected by the Sessions Court, they petitioned the High Court.
Source reference: p.4They sought anticipatory bail in connection with offences under Sections 465, 468 and 420 IPC, among other provisions stated in the petition.
Source reference: pp.3, 6Issues
Whether the petitioners were entitled to anticipatory bail in Crime No. 157/2019.
Source reference: pp.3–5Whether anticipatory bail should be granted to the petitioners on the ground of parity with other Revenue Department officials who had obtained relief in similar petitions.
Source reference: p.5Law Applied
The petition invoked Section 438 CrPC, described in the petition as corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023; the oral order itself refers to Section 482 of the “BNS, 2023”.
Source reference: p.3The alleged offences considered in the order were Sections 465, 468 and 420 IPC.
Source reference: pp.3, 6The Court applied the principle of parity, noting that anticipatory-bail petitions by other officials working in the Revenue Department at Hassan during 2015–2019 had been allowed in similar circumstances.
Source reference: p.5The order does not set out a separate statutory test for anticipatory bail or discuss the other provisions listed in the petition.
Source reference: no citationReasoning
The Court noted that the case arose from allegations of fraudulent land allotments and that the petitioners apprehended arrest following the Deputy Commissioner’s enquiry direction.
Source reference: pp.4–5It then relied on its prior orders granting anticipatory bail to similarly situated Revenue Department officials in related petitions.
Source reference: p.5On that basis, it concluded that the present petition should also be allowed on parity, without separately analysing the allegations or the petitioners’ individual roles.
Source reference: p.5Holding
The High Court allowed the petition on the ground of parity and directed that the petitioners be released in the event of arrest in Crime No. 157/2019, subject to conditions.
Each petitioner must appear before the Investigating Officer within 15 days of receiving the order and execute a personal bond of ₹1,00,000 with two sureties for the like sum; regularly attend the Trial Court unless exempted for valid reasons; refrain from tampering with prosecution witnesses; cooperate with the investigation and appear when called; and not engage in similar offences in future.
Source reference: pp.6–7Acts & Sections Cited
5 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19731
Bharatiya Nagarik Suraksha Sanhita, 20231
Indian Penal Code, 18603
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KUMARASWAMYvsSTATE BY
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