N.M. NEELAKANTA KAS OFFICER S/O N.M. MAREGOWDA Vs. STATE BY ULSOORGATE POLICE, BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF BANGALORE

JUDGEMENT

(1.) PETITIONER is seeking anticipatory bail in respect of Crime No. 267/2011 registered by Ulsoorgate Police, Bangalore City, for the offences punishable under Sections 219 and 420 of IPC. The complaint arises in pursuance of the order passed by this Court. The Aircraft Employees House Building Cooperative Society Limited have filed a writ petition before this Court in W.P. No. 13593/2007 interalia seeking a direction to the Government to handover possession of Sy. No. 112 measuring 4 acres 13 juntas for the purpose of house building as the said land was acquired for the benefit of the Society. In the said writ petition, the second respondent was the Special Land Acquisition Officer. At that relevant point of time, the accused herein was working as Special Land Acquisition Officer between July 2007 and January 2011. Me had filed the counter to the writ petition. In the counter, it was stated as under:

(2.) SRI . Ashok Haranahalli, learned Senior Counsel submits that, the preliminary notification was issued on 20th September 1988, final notification was issued on 13th September 1989 and on 2.9.1990, notification under Section 48 of the Land Acquisition Act was issued denotifying the land from the acquisition, however, without noticing the same, another notification was issued on 13.8.2003 under Section 16(2) of the Land Acquisition Act and thereafter the said notification under Section 16(2) was withdrawn on 25.8.2005. Though as on the date of statement made before this Court, there was no notification under Section 16(2). of the Land Acquisition Act, however, the petitioner had made a statement that the steps would be taken to hand over the possession of the acquired land. But the petitioner had not handed over the possession to the beneficiaries, but by mistake, he had made a statement without verifying the records. Though he was in office of L.A.O. till June 2011, he had not handed over the possession. Merely because there is an incorrect statement made before this Court by relying on the notification under Section 18(2). which was in the record, that by itself will not constitute an offence under Section 219 of IPC nor there is any material to allege the offence punishable under Section 420 of IPC He read the provisions of Section 219 of IPC. which reads thus:

(3.) ACCORDINGLY , the petition is allowed. In the event, of arrest of the petitioner by the Ulsoorgate Police. Bangalore City, in Crime No. 267/2011, the Police shall interrogate him and after interrogation, the petitioner shall be released on bail subject to following conditions: