THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HER ON BAIL IN CRIME NO.164/2026 OF TOWN POLICE STATION, SRIRANGAPATNA FOR THE OFFENCE P/US/ 61(2),204,316(5),318(3),335,336(3),340(2),341 R/W SEC.190 OF BNS 2023, PENDING BEFORE THE ADDL CIVIL JUDGE AND JMFC AT SRIRANGAPATNA.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused no.10 in Crime No.164/2026 registered by Srirangapatna Police Station, Mandya District, for the offences punishable under Sections 61(2), 204, 316(5), 318(3), 335, 336(3), 340(2), 341, 190 of BNS, 2023, is before this Court in this petition filed under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned Counsel for the parties.

3. FIR in Crime No.164/2026 was registered by Srirangapatna Police Station, Mandya District, for the aforesaid offences against one Nithin Premananda Mahale and others based on the first information dated 02.07.2026 received from Byatarayagowda - Police Officer attached to Lokayuktha Police, Mandya. In the said case, petitioner was arrested on 03.07.2026 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Crl. Misc. No.5266/2026 was rejected on 27.07.2026. Therefore, petitioner is before this Court.

4. In the first information dated 02.07.2026 submitted by the Police Officer attached to Lokayuktha Police Station, Mandya, it is averred that accused no.1 who was representing to the public that he was working in the office of the Assistant Director of Land Records, Srirangapatna, was using duplicate seal and other documents of the office and was indulged in preparing fraudulent land records. Petitioner herein is said to be working as a Surveyor in the office of the Assistant Director of Land Records, Srirangapatna. Accused no.2 is the ADLR of Srirangapatna. Accused no.1 has been arrested in the present case and in his voluntary statement, he has stated that he in collusion with accused no.2 had created fraudulent land records.

5. According to the learned Counsel for the petitioner, as per the instructions of accused no.2 who is the higher officer of the petitioner, he was working in the office.

6. During the course of investigation, petitioner is arrested and he is in custody for the last more than one month. After accused no.1 was arrested, the duplicate seal, documents, etc., which were used by him have been already recovered. Since the petitioner is a Government servant, there cannot any apprehension that he may flee away from justice. Accused No.8 as against whom similar allegations are found in the present case has been granted regular bail by this Court in Crl.P No. 11685/2026 dated 06.08.2026. Considering the nature of allegations found as against the petitioner herein who is a Government servant and having regard to the alleged role played by him in committing the alleged offences, I am of the opinion that his prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:

7. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.164/2026 registered by Srirangapatna Police Station, Mandya District, for the offences punishable under Sections 61(2), 204, 316(5), 318(3), 335, 336(3), 340(2), 341, 190 of BNS, 2023, subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of th