1. Petitioners seek anticipatory bail regarding allegations of fraudulent land grant and land grabbing offences registered under the Indian Penal Code, Land Revenue Act, and Land Grabbing Prohibition Act. (Para 1 , 3 )
Back
Next 
2026 Supreme(Kar) 905
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S Vishwajith Shetty, J.
Chandrashekhar M.V, S/O Late Venkategowda - Petitioner
Versus
State Of Karnataka By Hassan City Police Station - Respondent
Criminal Petition No. 13988 of 2026
Decided On : 30-09-2026
Important Points
Grant of anticipatory bail based on the principle of parity when similarly situated co-accused have already been granted relief, provided the petitioners cooperate with the investigation.
Subject
Criminal Law - Bail
Act Referred
INDIAN PENAL CODE : S.420, S.465, S.468
KARNATAKA LAND REVENUE ACT : S.192(a)(1)(2)(3)
KARNATAKA LAND GRABBING PROHIBITION ACT : S.4(1)(2)(3)
BHARATIYA NAGARIK SURAKSHA SANHITA : S.482
KARNATAKA LAND REVENUE ACT : S.192(a)(1)(2)(3)
KARNATAKA LAND GRABBING PROHIBITION ACT : S.4(1)(2)(3)
BHARATIYA NAGARIK SURAKSHA SANHITA : S.482
Headnote
(A) Indian Penal Code, 1860 - Sections 465, 468 and 420 - Karnataka Land Revenue Act, 1964 - Section 192(a)(1)(2)(3) - Karnataka Land Grabbing Prohibition Act, 2007 - Section 4(1)(2)(3) - Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 482 - Anticipatory Bail - Parity - Grant of bail based on the principle of parity where similarly situated co-accused have been granted relief. (Paras 4, 5 and 6)
Facts of the case:
The petitioners seek anticipatory bail in connection with Crime No. 157/2019 registered for fraudulent land grants made to undeserving persons in collusion with revenue officials between 2015 and 2018. It was found that 414 such cases existed, leading to an enquiry against 141 personnel working in the Department of Revenue.
Findings of Court:
The court noted that other accused persons in similarly placed situations had already been granted anticipatory bail by the High Court in several other related criminal petitions.
Issues: Whether the petitioners are entitled to anticipatory bail based on parity with other co-accused persons.
Ratio Decidendi: The court held that when similarly situated accused persons have been granted anticipatory bail and the current petitioners undertake to cooperate with the investigating agency, the prayer for anticipatory bail should be granted subject to conditions.
Result: Petition allowed.
Facts of the case:
The petitioners seek anticipatory bail in connection with Crime No. 157/2019 registered for fraudulent land grants made to undeserving persons in collusion with revenue officials between 2015 and 2018. It was found that 414 such cases existed, leading to an enquiry against 141 personnel working in the Department of Revenue.
Findings of Court:
The court noted that other accused persons in similarly placed situations had already been granted anticipatory bail by the High Court in several other related criminal petitions.
Issues: Whether the petitioners are entitled to anticipatory bail based on parity with other co-accused persons.
Ratio Decidendi: The court held that when similarly situated accused persons have been granted anticipatory bail and the current petitioners undertake to cooperate with the investigating agency, the prayer for anticipatory bail should be granted subject to conditions.
Result: Petition allowed.
Legal Category Hierarchy
Advocates Appeared:
For the Petitioner:Sri. Amarthyasen M.S, Advocate For Sri. Maruthi S, Advocate
For the Respondent: Sri. Channappa Erappa, Hcgp
For the Petitioner:Sri. Amarthyasen M.S, Advocate For Sri. Maruthi S, Advocate
For the Respondent: Sri. Channappa Erappa, Hcgp
Table of Contents
2. Petitioners contend that similarly situated co-accused have already been granted anticipatory bail, a submission that remained undisputed by the prosecution. (Para 4 )
3. The court observed that previous orders had granted anticipatory bail to similarly placed individuals accused in the same investigation, given the petitioners' undertaking to cooperate with the ongoing investigation. (Para 5 , 6 )
4. Anticipatory bail may be granted where similarly situated co-accused have been enlarged on bail and the petitioners undertake to cooperate with the police investigation. (Para 6 , 7 )
5. The petition is allowed, and the petitioners are granted anticipatory bail subject to specified conditions including personal bond, attendance at trial, and cooperation with investigators. (Para 7 )
6. Can anticipatory bail be granted on the ground of parity if similarly situated co-accused have been released?
Yes. When other co-accused similarly situated in the same criminal case have been granted anticipatory bail, the court may extend the same relief to the current petitioners provided they undertake to cooperate with the investigation. (Para 4 , 5 , 6 , 7 )
ORDER :
S Vishwajith Shetty, J.
Petitioners, who are apprehending arrest in Crime No.157/2019 registered by Hassan City Police Station, Hassan (now investigated by CID Police) for the offences punishable under Sections 465, 468 and 420 of Indian Penal Code, 1860, Sections 192(a)(1)(2)(3) of Karnataka Land Revenue Act, 1964 and Sections 4(1)(2)(3) of Karnataka Land Grabbing Prohibition Act, 2007 , are before this Court in this petition filed under Section 482 of BNSS, 2023, seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.157/2019 was registered by Hassan City Police Station, Hassan, for the aforesaid offences against unknown persons, based on the first information dated 24.10.2019 received from Cptn. V. Srinivasagowda, Special Land Acquisition Officer, Hemavathi River Project, Hassan. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.768/2026 before the jurisdictional Sessions Court, which was rejected on 22.08.2026. Therefore, they are before this Court.
4. Learned counsel for the petitioners submits that similarly situated other accused persons have been granted anticipatory bail by this Court in Crl.P.No.14205/2026 C/w. Crl.P.No.14007/2026, Crl.P.No.14025/2026, Crl.P.No.14027/2026, Crl.P.No.14125/2026, Crl.P.No.14130/2026 and Crl.P.No.14367/2026 vide order dated 28.09.2026. The said submission is not disputed by the learned High Court Government Pleader.
5. In paragraph Nos.4, 5 and 6 of the order passed in the aforesaid criminal petitions, it is observed as follows:
"4. A reading of the first information dated 24.10.2019 received from the Special Land Acquisition Officer, Hemavathi River Project, Hassan, would go to show that, during the period from 01.01.2015 to 30.11.2018, fraudulent grants were made in respect of land that was reserved for the purpose of allotment to the land losers of Hemavathi River Project, to undeserving persons by the revenue officials in collusion with such persons. A reading of the first information would further go to show that as many as 414 such cases were traced and thereafter, the Land acquisition officer had approached the Police.
5. It appears that, on 16.03.2026, the Deputy Commissioner, Hassan, has directed to hold an enquiry as against 141 persons who were working in various capacities in the Department of Revenue during the period from 2015 to 2019. It is under these circumstances, the petitioners apprehended arrest and therefore, they had approached the Jurisdictional Sessions Court.
6. Material made available to this Court would go to show that the learned Sessions Judge has granted anticipatory bail to similarly placed other accused persons in Crl.Misc.No.808/2026 and Crl.Misc.No.780/2026. The petitioners have undertaken to co-operate with the Police for the purpose of investigation. The maximum punishment for the alleged offences is imprisonment for a period of seven years."
6. The aforesaid reasoning assigned by this Court squarely applies to the case of the petitioners, who have undertaken to co-operate with the police for the purpose of investigation.
7. Under these circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following:
ORDER
i) The criminal petition is allowed.
ii) The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.157/2019 registered by Hassan City Police Station, Hassan (now investigated by CID Police) registered for the offences punishable under Sections 465, 468 and 420 of Indian Penal Code, 1860, Sections 192(a)(1)(2)(3) of Karnataka Land Revenue Act, 1964 and Sections 4(1)(2)(3) of Karnataka Land Grabbing Prohibition Act, 2007 , subject to the following conditions:
a) The petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the
