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Reserved on :07.08.2026 Pronounced on :11.08.2026

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF AUGUST, 2026

BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 10881 OF 2026

BETWEEN:

MR. MOHAN KUMAR, S/O MR. MARUSIDDAPPA,

AGED ABOUT 61 YEARS, RESIDING AT: MAGAVI NILAYA,

JAYANAGARA 2^ND STAGE, HASSAN – 573 201.

…PETITIONER (BY SRI CHETHAN S.P., ADVOCATE)

AND:

Digitally signed by PADMAVATHI B K STATE OF KARNATAKA

Location: High BY BELURU POLICE STATION, Court of ARASIKERE SUB-DIVISION, Karnataka

HASSAN DISTRICT, REPRESENTED BY

STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI,

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BENGALURU – 560 001.

…RESPONDENT (BY SRI B.N.JAGADEESHA, SPP-I)

THIS CRL.P IS FILED U/S 439 CR.P.C, 1973 (FILED U/S 483 BNSS) TO ALLOW THIS CRL.P AND ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH CR.NO.0098/2023, ON THE FILE OF THE XLII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU, REGISTERED BY THE RESPONDENT NO.1 POLICE FOR THE OFFENCES P/U/S 468, 464, 465, 471, 409,

420 AND 120B OF THE IPC.

THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 07.08.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

CAV ORDER

The petitioner, who was Tahsildar of Belur Taluk is before the

Court seeking his enlargement on bail for it having been turned down by the LXXXI Additional City Civil and Sessions Judge, Bengaluru in Criminal Miscellaneous No.6447 of 2026 arising out of Crime No.98 of 2023 registered by Belur Police and pending before

the 42^nd Additional Chief Metropolitan Magistrate, Bengaluru.

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2. Heard Shri Chethan S.P., learned counsel appearing for the

petitioner and Sri B.N. Jagadeesha, learned State Public Prosecutor-

1 appearing for the respondent.

3. Facts, in brief, germane are as follows: -

The petitioner is a Government servant. He was a member of

Bagair Hukum Committee on the strength of him being the Tahsildar of Belur Taluk between August 2021 to July, 2022. Alleging certain illegalities in the grant of lands to ineligible people by the Committee, a private complaint comes to be registered on the score that about 1430 persons were the beneficiaries valued at about 750 crores in the constituency and the petitioner along with others had bartered away the Government land close to 2750 acres. The said private complaint was referred for investigation to the jurisdictional Police as obtaining under Section 156(3) of the Cr.P.C. This was challenged before this Court in Criminal Petition No.5030 of 2023 by about 10 accused in the said proceedings. This Court had initially directed not to precipitate the matter way back in the year 2023 and the said order was in subsistence till the matter

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stood disposed of on 13-09-2024. This Court by a detailed order rejected the petition that the Committee prima facie had acted contrary to law under the Chairmanship of then M.L.A. With the dismissal of the petition, the apprehension of arrest of the petitioner loomed. The petitioner was then taken into custody for the purpose of investigation and now is in judicial custody. The petitioner seeks enlargement on bail by filing Criminal Miscellaneous No.6447 of 2026 before the concerned Court. The concerned Court rejects the same. In the light of the said rejection, the petitioner has knocked at the doors of this Court in the subject

petition.

4. The learned counsel Sri Chethan S.P, appearing for the

petitioner would vehemently contend that the petitioner is taken into custody after two years of dismissal of the criminal petition for the purpose of investigation. He was the Member of the Committee, no doubt, but there were several other remedies available in law against the alleged action of the members of the Committee. Notwithstanding the same, the criminal law is set into motion. Setting the criminal law into motion has resulted in arrest

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of the petitioner. Therefore, there is no warrant of retai

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