Facts
The petitions arose from Crime No. 157/2019, registered by Hassan City Police on the basis of information dated 24 October 2019 from the Special Land Acquisition Officer, Hemavathi River Project.
Source reference: p.17–18The complaint alleged that, between 1 January 2015 and 30 November 2018, revenue officials, in collusion with other persons, fraudulently granted land reserved for project-affected land losers to ineligible persons; 414 cases were reportedly identified.
Source reference: p.17–18On 16 March 2026, the Deputy Commissioner directed an enquiry concerning 141 persons who had worked in the Revenue Department during the relevant period.
Source reference: p.18After the Sessions Court dismissed their anticipatory-bail applications, the petitioners—who apprehended arrest in the case—sought anticipatory bail from the High Court.
Source reference: no citationThe investigation had been transferred to the CID.
Source reference: p.17–18Issues
1. Whether the petitioners, accused in Crime No. 157/2019, were entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the allegations and circumstances of the case.
Source reference: p.17–192. Whether anticipatory bail should be granted subject to conditions requiring the petitioners to cooperate with the investigation and attend court proceedings.
Source reference: p.18–20Law Applied
The Court considered Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court or Court of Session to direct that a person apprehending arrest be released on bail.
Source reference: p.17, 19The alleged offences were under Sections 465, 468 and 420 of the Indian Penal Code, 1860, Section 192(a)(1)(2)(3) of the Karnataka Land Revenue Act, 1963, and Sections 4(1)(2)(3) and (5) of the Karnataka Land Grabbing Prohibition Act, 2007.
Source reference: p.17, 19The Court assessed the nature of the allegations, the maximum punishment stated to be seven years, the grant of anticipatory bail to similarly placed accused, and the petitioners’ undertaking to cooperate with the investigation.
Source reference: p.18–19No precedent was cited.
Source reference: no citationReasoning
The Court noted that the complaint concerned alleged fraudulent land grants made over a period of years and that the petitioners apprehended arrest following an enquiry directed into the conduct of persons who had served in the Revenue Department.
Source reference: p.17–18It took account of anticipatory bail already granted to similarly placed accused, the petitioners’ undertaking to cooperate, the nature of the allegations, and the maximum punishment of seven years.
Source reference: p.18–19On those considerations, it found anticipatory bail appropriate, subject to conditions securing the petitioners’ availability and cooperation.
Source reference: no citationHolding
The High Court allowed all seven criminal petitions and directed that, in the event of arrest in Crime No. 157/2019, the petitioners be released on bail.
Each petitioner was required to 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 attend when called; and not involve themselves in similar offences in future.
Source reference: p.20Acts & 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
Original Court PDF
K P LINGARAJUvsTHE STATE OF KARNATAKA
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