Karnataka High Court
Sri M Lokesh vs The State Of Karnataka on 11 January, 2013
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR.JUSTICE K.N.KESHAVANARAYANA
CRIMINAL PETITION No.7810 OF 2012
C/W
CRIMINAL PETITION No.7811 OF 2012
In Crl.P.No.7810/2012
BETWEEN:
Sri.M.Lokesh
S/o Sri.S.Mahadevaiah
Aged about 41 years
Office address:
Bruhat Bangalore Mahanagara Palike
Designation:Executive Engineer
Department: Storm Water Drain (East Division)
Residence Address:
No.569, 7th Main, 4th Cross
Vijayanagar
Bangalore-560 040
...Petitioner
(By Shri Vivek Holla, Advocate)
AND:
The State of Karnataka
By B.M.T.F. Police Station,
Main Municipal Corporation Building,
Bangalore 560 002.
...Respondent
(By Shri B.Raja Subramanya Bhat, GP.,)
2
In Crl.P.No.7811/2012
BETWEEN:
Sri.B. Shyamsundar
S/o Sri.N.Balaraj
Aged about 53 years
Office address:
Bruhat Bangalore Mahanagara Palike
Designation: Assistant Executive Engineer
Department: Storm Water Drain (East Division)
Residence Address:
No.24, 11th Cross, Gayathri Layout,
Basaveshwaranagar,
Bangalore-560 079.
...Petitioner
(By Shri Vivek Holla, Advocate)
AND:
The State of Karnataka
By B.M.T.F. Police Station,
Main Municipal Corporation Building,
Bangalore 560 002.
...Respondent
(By Shri B.Raja Subramanya Bhat, GP.,)
These Criminal Petitions are filed under Section
438 of the Code of Criminal Procedure praying that this
Hon'ble Court may be pleased to enlarge the petitioners
on bail in Crime No.155/2012 of Bangalore
Metropolitan Task Force P.S., Bangalore City for the
offences p/u/s 192A of Karnataka Land Revenue Act
and Sec.409 of IPC.
3
These Criminal Petitions coming on for orders on
this day, the Court made the following: -
ORDER
In this petition filed under Section 438 Cr.P.C., the petitioners who are working as Executive Engineer and Assistant Executive Engineers in the Storm Water Drain Section of BBMP have sought relief of anticipatory bail apprehending their arrest by respondent-BMTF Police in connection with case registered in Crime No.155/2012.
2. According to the case of the prosecution, some toilets and office premises for the use of SC/ST Association came to be constructed on the Storm Water Drain on Cambridge road, Ulsoor in BBMP Ward No.114 by the side of Meera School, few years ago and as per the undertaking given by the Chief Engineer of Storm Water Drain division, BBMP before this Court in WP No.31394/2009 which is a public interest litigation, the said construction was not demolished and to this effect an article was published in newspaper on 06.01.2012. 4 Pursuant to the said article the ADGP, BMTF directed the concerned authorities in BBMP to conduct a spot inspection and submit a report. Report submitted indicated that only a part of the building has been demolished and remaining part has not been demolished. Subsequently, a notice was issued to the concerned officers to submit an explanation, but there was no response. Therefore, ADGP, BMTF alongwith the other officials, held spot inspection on 24.01.2012 and found that only two out of four toilets constructed therein had been demolished and the rest of the construction has not been removed. Therefore, on the basis of the such spot inspection, a suomotu report was prepared and on the basis of such suomotu report of the PSI, BMTF, Bangalore, the aforesaid case came to be registered initially for the offence punishable under Section 192(A) of Karnataka Land Revenue Act, 1964 against the concerned officials who are responsible for not removing the unauthorized construction on the Storm Water Drain. Subsequently, offence under 5 Section 409 IPC was also added. On coming to know of the registration of the case, the petitioners who are working as Executive Engineer and Assistant Executive Engineer in the Storm Water Drain Section of BBMP, approached the learned Sessions Judge for grant of anticipatory bail. However, the said petition came to be rejected. Therefore, the petitioners are before this Court.
3. The petition is opposed by respondent-State.
4. I have heard both the sides and perused the records made available.
5. As noticed supra, the construction of the toilets and office premises were done couple of years ago and it was directed to be demolished pursuant to an undertaking given to this Court by the Chief Engineer concerned that such unauthorized and illegal construction on the Storm Water Drain would be removed. But the illegal construction on the Storm Water Drain in question has not completely removed. 6 To attract the offence punishable under Section 192(A) of Karnataka Land Tribunal Act the offender should unlawfully enter or occupy any Government land with an intention of holding such Government land.
6. Even according to the respondent - BMTF the offence under Section 192A of the Karnataka Land Revenue Act is committed, since the concerned officers have not taken necessary steps to demolish the illegal construction on the Storm Water Drain. The materials prima facie does not indicate that petitioners have occupied any public property. The materials available on record also does not prima facie attract the ingredients of criminal breach of trust as defined in Section 405 IPC punishable under Section 409 IPC.
7. Having regard to the facts and circumstances of the case, there are no reasonable grounds to indicate any of the aforesaid offences alleged. Admittedly, the petitioners have been arraigned as accused in the aforesaid case registered for non 7 bailable offence. Therefore, the apprehension of the petitioners that they are likely to be arrested by the respondent - BMTF is well founded.
8. In view of the above discussion the petitioners are entitled for the relief of anticipatory bail.
9. Hence the petition is allowed. The respondent - BMTF police are hereby directed to release the petitioners on bail, in the event of their arrest in connection with the case in Crime No.155/2012 on each of them executing personal bonds for a sum of Rs.25,000/- with one surety for the likesum to the satisfaction of the Arresting Officer and subject to further conditions that,
i) Upon such arrest and release, the petitioners for the purpose of investigation shall appear before the Investigating Officer whenever called upon to do so and co-operate in the investigation of the case.
8
ii) The petitioners shall not tamper or terrorise the prosecution witnesses in any manner.
SD/-
JUDGE GH