Facts
The petitioners, Accused Nos. 1, 2, 5 and 6 in Crime No. 5/2026 registered by the Karnataka Lokayukta Police, sought anticipatory bail after their applications before the jurisdictional court were rejected
Source reference: para. 1, 3The case concerns alleged creation of a grant order and saguvali chits for Government land in Sy. No. 154, Shivanahalli Village, and consequential changes to revenue records.
Source reference: para. 4–6The prosecution alleged that the original grant records were unavailable and that the public-servant petitioners issued computerized RTCs in August 2025.
Source reference: para. 4–6The Court noted, however, that revenue records had recorded the grantees’ names from 1972–73 onwards and that the petitioners were said to have possessed the lands since the grant.
Source reference: para. 5–6Issues
1. Whether the petitioners were entitled to anticipatory bail in Crime No. 5/2026 for the alleged offences under the IPC and Prevention of Corruption Act
Source reference: para. 1, 62. Whether the historical revenue entries and the circumstances surrounding issuance of the computerized RTCs supported granting anticipatory bail
Source reference: para. 5–6Law Applied
The petitions invoked Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision governing a direction for release on bail in the event of arrest
Source reference: p. 2–3The alleged offences were under Sections 409, 420 and 120B of the IPC and Sections 13(1)(a) read with 13(2) of the Prevention of Corruption Act, 1988, as amended in 2018
Source reference: para. 1The Court applied its discretion to grant anticipatory bail subject to conditions; it cited no precedent or further legal test
Source reference: para. 6–7Reasoning
The Court considered the allegation that original grant records were unavailable but weighed it against revenue records showing the grantees’ names continuously from 1972–73 onwards.
Source reference: para. 5–6It also noted the allegation that the public-servant petitioners issued computerized RTCs in 2025, notwithstanding the absence of original records, and that the landholders were said to have possessed the land since the grant
Source reference: para. 5–6On those circumstances, the Court concluded that the petitioners’ request for anticipatory bail should be allowed, subject to conditions
Source reference: para. 6Holding
The Court allowed both petitions and directed that the petitioners be released on bail in the event of arrest in Crime No. 5/2026
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; attend the Trial Court unless exempted; refrain from tampering with witnesses; cooperate with the investigation and attend when called; and not involve themselves in similar offences
Source reference: para. 7Acts & Sections Cited
5 provisions across 4 statutes referred to in this judgment. Each provision opens on LawLens.
Code of Criminal Procedure, 19731
Bharatiya Nagarik Suraksha Sanhita, 20231
Prevention of Corruption Act, 19881
Indian Penal Code, 18602
Original Court PDF
SRI MARI GOWDAvsTHE STATE OF KARNATAKA
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