The XXIII Additional City Civil and Sessions Court in Bengaluru has granted anticipatory bail to K.N. Ramesh, a 64-year-old retired Assistant Executive Engineer of the Bruhat Bengaluru Mahanagara Palike (BBMP). The petitioner was sought by the Anti-Corruption Bureau (ACB) in connection with a multi-crore scam involving Transfer of Development Rights (TDR) and Development Right Certificates (DRC).

The order, delivered by Special Judge Lakshminarayana Bhat K., provides significant relief to the petitioner, who was recently arraigned as Accused No. 17 in the high-profile Crime No. 46/2019. The court emphasized the legal principle that “bail is the rule and jail is the exception,” especially when custodial interrogation is deemed unnecessary.

Background of the TDR Scrutiny

The case traces back to a complaint regarding a property located in Kowdenahally village, K.R. Puram Hobli. The complainant had purchased a site in 1993, which was later notified by the BBMP for road widening in 2009. The prosecution alleges that a previous owner, in collusion with BBMP officials and TDR brokers, misappropriated documents to obtain TDR and DRC benefits that rightfully belonged to the current property owner.

K.N. Ramesh, while serving in the Mahadevapura sub-division of the BBMP, was alleged to have bypassed critical government circulars issued in 2009 and 2012. These circulars mandated strict verification of property values, building nature, and other valuables before processing TDR applications. The prosecution contended that Ramesh filled out checklists without proper verification, facilitating the fraudulent issuance of development rights.

Legal Arguments and Arraignment

Although the FIR was originally registered in 2019, Ramesh’s name was not initially included. It was only in July 2021 that the police submitted a requisition to the court to include him as an accused after receiving official approval from the Government of Karnataka under Section 17A of the Prevention of Corruption Act.

Representing the petitioner, Advocate Chandrashekara K. argued that his client was being victimized and that the case was foisted at the instance of vested interests. The defense highlighted Ramesh’s age and health conditions, noting that at 64, he suffers from various age-related ailments. Furthermore, it was brought to the court’s attention that several other accused individuals in the same crime number had already been granted anticipatory bail by the sessions court.

The prosecution, represented by the Public Prosecutor, strongly opposed the plea. They argued that the investigation was at a sensitive stage and that releasing a former high-ranking official could lead to the tampering of evidence or intimidation of witnesses acquainted with the BBMP’s internal processes.

Court Observations on Parity and Custodial Interrogation

In its deliberation, the court noted that several co-accused had already been granted protection from arrest in early 2020. The judge observed that Ramesh was “similarly placed” to those who had already received bail, invoking the principle of parity.

The court further noted that the primary goal of the investigation is to secure the presence of the accused for trial and that the arrest and detention of a senior citizen for custodial interrogation was not required in this specific instance. The judge stated that the nature of the allegations was largely documentary and that the apprehension of the prosecution regarding witness interference could be managed through strict bail conditions.

Conditions of the Anticipatory Bail

Granting the petition under Section 438 of the Cr.P.C., the court ordered that in the event of arrest, K.N. Ramesh shall be released on a personal bond of Rs. 2,00,000 with one solvent surety. However, the bail is subject to the following stringent conditions:

1. The petitioner must voluntarily surrender before the Investigating Officer within 20 days. Failure to do so will result in the automatic cancellation of the bail order.
2. He is strictly prohibited from inducing, threatening, or making promises to any witnesses involved in the case.
3. He must fully cooperate with the ongoing investigation and appear before the court regularly during the trial phase.
4. He is barred from leaving the country without prior permission from the court.

The ruling marks another chapter in the ongoing investigation into BBMP’s TDR irregularities, which has seen numerous officials and middlemen come under the scanner of the corruption watchdog. For now, the retired engineer remains at liberty, provided he complies with the judicial mandates.