High CourtsSingle Bench(2020) 04 KAR CK 0011

Muniraju Reddy & Others vs State Of Karnataka

Karnataka High Court · Decided on 13 April 2020

HON’BLE JUDGES
K. N. Phaneendra, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 2149 Of 2020

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Judgment

22 paragraphs · 371 words

K. N. Phaneendra, J

1, Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent- State. Perused the records.

2.

The offence alleged to have been committed by the petitioners is under Section 192-A of the Karnataka Land Revenue Act, 1964. As per the

Classification in the II Schedule to the Cr.PC.. the said offence is categorized as a cognizable offence and non-bailable offence. However, the said

offence is not punishable either with the sentence of death or imprisonment for life. To the maximum extent, the said offence is punishable only with

the sentence of three years imprisonment with fine, etc.

3.

The allegation has to be established beyond reasonable doubt during the course of full-dressed trial. However, the respondent-Police have

registered a case in Crime No.39/2020 for the above said offence on the allegations that, the petitioners were indulged in land grabbing. The said

offence is punishable with the sentence of three year’s imprisonment. Therefore, the petitioners are entitled to be enlarged on Anticipatory Bail as

prayed for. Hence, the following,-

ORDER

The petition is allowed. Consequently, the petitioners (A1 to A5) shall be released on bail in the event of their arrest in connection with Crime

No.39/2020 of respondent-Sampigehalli Police Station, Bengaluru, registered for the offence punishable under Section 192-A of the Karnataka Land

Revenue Act, 1964, on the following conditions:-

i) The petitioners (A1 to A5) shall surrender themselves before the Investigating Officer within Fifteen Days from the date of receipt of a certified

copy of this order and each of them shall execute their personal bonds for a sum of Rs.50,000/-(Rupees Fifty Thousand) with one surety for the like-

sum to the satisfaction of the concerned Jurisdictional Court or Investigating Officer.

ii) The petitioners (A1 to A5) shall not indulge in hampering the investigation or tampering the prosecution witnesses.

iii) The petitioners (A1 to A5) shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the

Investigating Officer as and when called for.

iv) The petitioners (A1 to A5) shall not leave the jurisdiction of Bengaluru Urban or Rural District without prior permission of the Court, till the case

registered against them is disposed of.