Sri. Mohammed Wasiq Ulla Vs the State of Karnataka

THIS CRL.P IS FILED UNDER SECTION 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONER ON BAIL ON THE COMPLAINT REGISTERED BY THE NAGAMANGALA TOWN POLICE STATION, IN CR.NO.5/2026 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS UNDER SECTIONS 61(2), 318(4), 335, 336(3), 340(2), 303(2), 316(5) OF BARATIYA NAYAYA SANHITA, 2023 PENDING ON THE FILE OF CIVIL JUNDER (SR, DVN) AND JMFC COURT, NAGAMANGALA.

¶27

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

¶28

CORAM: HON'BLE MR. JUSTICE S RACHAIAH

¶29

3 -

¶30

NC: 2026:KHC:23713 CRL.P No. 2667 of 2026

¶31

HC-KAR

¶32

ORAL ORDER

¶33

The petitioner is before this Court seeking regular anticipatory bail in Crime No.5/2026 of respondent/police for the offences punishable under Sections 61(2), 318(4), 335, 336(3), 340(2), 303(2), 316(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned Civil Judge (Sr.Dn.) and JMFC Court, Nagamanagala.

¶34

The case of the prosecution is that the complainant is the Police Inspector attached to the Lokayukta Police Station, Mandya. He lodged a complaint on 14.01.2026, stating that he had received instructions pursuant to the complaint from the office of the UpaLokayukta. It is stated that he conducted search on 13.01.2026 in presence of two panch witnesses. During the course of said search, he verified the mobile phone belonging to the Second Division Assistant. Upon verification, he came to know that certain government documents/applications had been received on his mobile phone from one Yogesh. It is further alleged that both of

¶35

4 -

¶36

NC: 2026:KHC:23713 CRL.P No. 2667 of 2026

¶37

HC-KAR

¶38

them were working and assisting in matters relating to Kanthapura Village.

¶39

It is further alleged that during the course of

¶40

investigation, the complainant came to know that the accused persons had forged documents pertaining to government lands with an intention to cause wrongful loss to the Government. It is also alleged that they were issuing saguvali chits by making unauthorized corrections in the government records. Subsequently, the complainant conducted a raid on the house of one Yogesh, who has been arrayed as accused No.3, and seized certain challans, bank cheques, notices, and other documents relating to the Government office. The complainant further noticed that, since 2020, in furtherance of common intention with other government officials, the petitioner and others were fabricating the government records and also creating and forging signatures of the government officials and also fabricating the seals Tahsildar, Revenue Inspector, and

¶41

5 - NC: 2026:KHC:23713 CRL.P No. 2667 of 2026

¶42

HC-KAR

¶43

Village Accountant and facilitating the persons in obtaining the land and properties unlawfully. Hence, this complaint.

¶44

Based on the said complaint, the

¶45

respondent/police have registered a case and conducted investigation. The investigation is in progress.

¶46

The learned counsel for the petitioner submits

¶47

that the petitioner, who is arrayed as accused No.10, is not a government official. The allegations leveled against him are baseless and bald. The similarly placed other accused have already been enlarged on bail. Therefore, he may be enlarged on bail on parity.

¶48

Per contra , the learned High Court Government Pleader for the respondent/State vehemently submitted that the petitioner, along with the other accused, in furtherance of their common intention committed the acts which results in causing wrongful loss to the State exchequer. It is submitted that the petitioner and others created and forged government documents and illegally

¶49

6 - NC: 2026:KHC:23713 CRL.P No. 2667 of 2026

¶50

HC-KAR

¶51

issued saguvali chits in favour of certain beneficiaries. Though, they were not entitled to have such benefit. It is contended that the offences alleged are serious in nature and the petitioner involved in tampering with official records. Therefore, it is not appropriate to grant him bail. Making such submission, she prays that the petition be rejected.

¶52

Heard the learned counsel for the respective

¶53

parties and perused the averments made in the complaint. It appears from the records that the petitioner is arrayed as accused No.10. The overt act against him is that, in order to facilitate and grant certain benefits to the family of one Naseem wife of Prakrul Khan, he created some documents by way of making false corrections in the government records, and accordingly, lands were allotted in favour of Kaleem Ulla S/o Muhammad Hussain. However, the manner in which the averments of the complaint has been depicted against the petitioner,

¶54

7 -

¶55

NC: 2026:KHC:23713 CRL.P No. 2667 of 2026

¶56

HC-KAR

¶57

probably, in my considered view, not sufficient to deny the

¶58

bail. Hence, I pass the following:

¶59

ORDER

¶60

i) The petition is allowed.

¶61

ii) The petitioner is ordered to be enlarged on bail, in the event of his arrest, in Crime No.5/2026 of respondent/police for the offences punishable under Sections 61(2), 318(4), 335, 336(3), 340(2), 303(2), 316(5) of Bharatiya Nyaya Sanhita, 2023 pending on the file of the learned Civil Judge (Sr.Dn.) and JMFC Court, Nagamanagala, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the Investigating Officer.

¶62

iii) The petitioner shall appear before the Investigating Officer within a period of one month from the date of receipt of this order, to execute the personal bond and also to furnish surety.

¶63

iv) The petitioner shall co-operate with the investigation till filing of the final report.

¶64

v) The petitioner shall appear before the Trial Court on all hearing dates without fail.

¶65