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(Prayer: This Crl.P is filed under Section 438 (filed under Section 482 BNSS) Cr.P.C praying to pass on order Granting Anticipaoty Bail thereby directing the Respondent Police to release the petitioner in Crime No.379/2025 for the offence punishable under Sections 316(4), 336(3), 318(4), 336(2), 340(2) read with Section 3(5) of BNS and Section 192(A) of Karnataka Land Revenue Act of the respondent Anekal Police, pending on the file of the Principal Civil Judge (Jr.Dn.) and JMFC, Anekal to release the petitioner on bail.)
Oral Order
1. This petition is filed by accused No.5 under Section 482 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant anticipatory bail in Crime No.379/2025 of Anekal Police Station registered for offences punishable under Section 192(A) of Karnataka Land Revenue Act, 1964 and Sections 316(4), 336(3), 318(4), 336(2), 340(2) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023.
2. Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State.
3. Learned counsel for petitioner would contend that, at the relevant point of time when the offence has taken place, the petitioner was not working in Anekal. There is no role of this petitioner in missing of the documents. The petitioner is not the custodian of the documents. Accused Nos.1, 2, 4, 7, 13 and 15 have been granted anticipatory bail by this Court. Therefore, the petitioner is also entitled for grant of anticipatory bail on the ground of parity. The petitioner is ready to cooperate with the Investigating Officer in investigation and abide by any conditions to be imposed by this Court. With these, he prayed to allow the petition.
4. Per contra, learned High Court Government Pleader for respondent would contend that, the investigation is in progress and the offences alleged against the petitioner is punishable with imprisonment which may extend to seven (7) years. The allegation against the accused persons is helping the land grabbers by creating and forging the documents and missing of records from the office. With these, he prayed for dismissal of the petition.
5. Having heard the learned counsels appearing for parties, the Court has perused the FIR, complaint and other materials placed on record.
6. This Court while granting anticipatory bail to accused Nos.1, 2, 4, 7, 13 and 15 in the order dated 19.01.2026 passed in Criminal Petition No.17369/2025 and other connected matters, has observed as under:
10. The FIR was registered on 28.11.2025 alleging commission of offence between 14.10.2025 and 28.11.2025. The allegation in the complaint pertains to the missing of certain documents and the creation of documents. The question as to who was the custodian of the said documents at the relevant point of time is a matter of record. The offences alleged against the petitioners are not punishable either with death or imprisonment for life. The petitioners have undertaken to cooperate with the Investigating Officer in investigation and abide by any conditions to be imposed by this Court.
There are no criminal antecedents of the petitioners.
7. The petitioner who was working as a Deputy Tahsildar in Anekal is also similarly placed to that of the other accused persons who have already been granted anticipatory bail by this Court. The petitioner is ready to cooperate with the Investigating Officer in investigation and abide by any conditions to be imposed by this Court. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. There are no criminal antecedents of the petitioner.
8. Considering the above aspects, the petitioner has made out a case for grant of anticipatory bail with conditions. In the result, the following;
ORDER
The Criminal Petition is allowed. The petitioner is granted anticipatory bail in Crime No.379/2025 of Anekal Police Station and is ordered to be released on bail in the event of his arrest, subject to following conditions:
i) The petitioner shall voluntarily appear before the Investigating Officer within 15 days from this day and execute bail bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer.
ii) The petitioner shall cooperate with the Investigating Officer in investigation.
iii) The petitioner shall appear before the Investigating Officer whenever called for.
iv) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.
v) The petitioner shall appear before the Investigating Officer on first and third Sunday of every month, for a period of two months or till filing of the final report, whichever is earlier.
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