THIS CRL.P IS FILED U/S 438 OF CR.P.C TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST BY THE RESPONDENT-BELUR POLICE IN CR.NO.98/2023 REGISTERED FOR THE ALLEGED OFFENCES P/U/S 464, 465, 468, 471, 409, 420 AND 120-B, OF THE IPC, 1860, PURSUANT TO PCR NO.2230/2023 PENDING ON THE FILE OF THE HON’BLE XLII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU (SPECIAL COURT FOR TRIAL OF CASES AGAINST FORMER AND PRESENT MEMBERS OF PARLIAMENT AND MEMBERS OF LEGISLATIVE ASSEMBLY IN THE STATE OF KARNATAKA).

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 is before this Court seeking anticipatory bail concerning charge sheet filed in Crime No.98 of 2023 registered by the Belur Police though he was not included in the FIR, at the first instance and the order dated 08-07-2026 passed by the LXXXI Additional City Civil and Sessions Judge, Bengaluru in Criminal Miscellaneous No.6460 of 2026.

2. Heard Sri Chethan B, learned counsel 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 in the case at hand is not the accused, who is named in the charge sheet and is investigated into by issuance of notice in Crime No.98 of 2023, qua other accused. Therefore, he sought anticipatory bail at the hands of the concerned Court in Criminal Miscellaneous No.6460 of 2026, which came to be rejected on 08-07-2026. Therefore, the petitioner is before this Court seeking anticipatory bail.

4. The accused who have been arrayed as accused already and are being investigated into have been granted anticipatory bail at the hands of this Court in terms of its order dated 09-01-2025 in Criminal Petition No.13665 of 2024 by the following order:

“Heard Sri Aman Nalina Lingesh, learned counsel for the petitioner and learned Additional State Public Prosecutor for respondent - State.

2. The petitioners are before this Court seeking anticipatory bail, for it having been turned down by the concerned Court in Crl.Misc.Nos.8899/2024. This Court qua other accused in Crl.P.No.11870/2024 disposed on 28.11.2024 has granted anticipatory bail to a co-accused by rendering the following reasons:

“3. This Court has while directing investigation to be conducted into the alleged bartering away of the government land has observed as follows: - “The petitioners at the relevant point in time i.e., between 2016 and 2023 were in the Council, all of them being political entities appointed as Chairman and Members of a particular Committee; the Committee known as Bagair Hukum Saguvali Samithi (hereinafter referred to as ‘the Samithi’ for short). Accused No.1 / 1st petitioner was at the relevant point in time a Member of the Legislative Assembly of Belur constituency. He was the Chairman of the Samithi. Accused Nos.2 to 4 were its members and accused Nos.5 to 10 were the erstwhile members. Accused Nos.11 to 14 are the Tahsildars who were functioning at the relevant point in time at the said place and were Secretaries of the Samithi. The allegation revolves around the functioning of the said Samithi. It is alleged that the Samithi has created records and bartered away Government lands to an extent of 2750 acres to 1430 bogus beneficiaries, which are valued at more than Rs.750/- crores in the constituency of accused No.1, who was the Chairman of the Samithi. Based upon this allegation, the 2nd respondent/complainant seeks to knock at the doors of the jurisdictional Police to register the complaint. No action was taken. He knocks at the doors of the learned Magistrate invoking Section 200 of the Cr.P.C. seeking a reference for conduct of investigation into the allegations so made. The complaint is referred for investigation to the jurisdictional Police under Section 156(3) o