1

IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 18^TH DAY OF JUNE 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL APPEAL NO.100112/2021

BETWEEN:

1.

MANJUNATH S/O. JIVAJI BAGALAKOTI,

AGE 52 YEARS, OCC: SECRETARY,

MEDUR GRAM PANCHAYAT,

TQ. RATTIHALLI, DIST. HAVERI.

2.

KUMAR S/O. BASAVANNEPPA DAMBAL,

AGE 40 YEARS, OCC: TALUKA NODAL OFFICER,

TALUKA PANCHAYATH OFFICE, RANEBENNUR,

TQ. AND DIST. HAVERI.

...PETITIONERS

(BY SRI. LAXMAN T. MANTAGANI, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA,

BY GUTTAL POLICE STATION,

REPRESENTED BY

S.P.P., HIGH COURT PREMISES,

DHARWAD – 580001.

2.

BASAVARAJ D.C. S/O. DURAGAPPA,

AGE 58 YEARS, OCC: TALUKA EXECUTIVE

OFFICER, TALUKA PANCHAYAT OFFICE,

HAVERI, TQ. AND DIST. HAVERI – 581110.

... RESPONDENTS

(BY SRI. RAMESH B. CHIGARI, HCGP FOR R1;

R2 - SERVED)

2

THIS

CRIMINAL

APPEAL

IS

FILED

UNDER

SECTION 14A(2) OF THE SC/ST (POA) ACT, 1989,

PRAYING TO SET ASIDE THE IMPUGNED ORDER DTED

29.04.2021 IN CRL. MISC. NO.218/2021 PASSED BY

THE

COURT

OF

I

ADDITIONAL

DISTRICT

AND

SESSIONS JUDGE AND SPECIAL JUDGE, HAVERI AND

ENLARGE THE APPELLANTS HEREIN ON BAIL, IN THE

EVENT OF THEIR ARREST FOR THE CASE REGISTERED

BY GUTTAL POLICE, IN CRIME NO.22/2021 DATED

06.04.2021 FOR THE OFFENCES PUNISHABLE UNDER

SECTION 420, 465, 468, 471 R/W. SECTION 34 OF IPC

AND SECTION 3(2) (5a), 3(2)(v) OF SC/ST (POA)

AMENDMENT ACT, 2015.

THIS CRIMINAL APPEAL COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:

JUDGMENT

Aggrieved by the order passed by the I

Additional District and Sessions Judge and

Special Judge, Haveri in Criminal Miscellaneous

No.218/2021, dated 29.04.2021, the appellants

are before this Court.

2.

The

appellants

had

filed

Criminal

Miscellaneous

No.218/2021

before

the

I

Additional District and Sessions Judge and

Special Judge, Haveri, seeking anticipatory bail

3

under

Section

438

of

Cr.P.C.

in

Crime

No.22/2021 of Guttal Police Station, registered

for the offences punishable under Sections

420, 465, 468, 471 read with Section 34 of

Indian Penal Code (hereinafter referred to as

the ‘IPC’, for brevity) and Sections (3)(2)(5a),

3(2)(v) of Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, 1989.

(hereinafter referred to as the ‘SC/ST (POA)

Act, 1989, for brevity).

3.

The case of the prosecution is that,

one Basavaraj D.C., Taluka Executive Officer,

Taluka Panchayat Office, Haveri has filed a

complaint on 06.04.2021 alleging that the

present

Panchayat

Development

Officer

of

Karagund village Panchayat have filed a report

that for the year 2016-2017 the 21 houses of

Rs.23,58,700/- which are reserved for the

4

persons belonging to Scheduled Castes and

Scheduled

Tribes

under

Dr.

B.R.Ambedkar

Housing

Scheme

and

87

houses

of

Rs.1,02,58,000/- which are reserved for the

persons belonging to Scheduled Castes and

Scheduled Tribes under the Prime Minister Avas

Scheme have been allotted to the persons

belonging to the General Category in Bharadi

and Kuragund villages. It is further stated that,

the appellant Nos.1 and 2 have filed a report

and taken sanction from the higher officials of

Rajiv Gandhi Housing Corporation Limited and

intentionally with a mala-fide intention have

misappropriated the funds and allotted the

houses of persons belonging to Scheduled

Castes and Scheduled Tribes under the above

two schemes to the persons belonging to

General Category i.e. Kadu Kuruba and Alemari

5

Kuruba communities (2A categories). The said

complaint came to be registered in Crime

No.22/2021 of Guttal Police Station for the

offences punishable under Sections 420, 465,

468, 471 read with Section 34 of IPC and

Sections 3(2)(va) and 3(2)(v) of SC/ST (POA)

Act, 1989 and the appellants have been shown

as accused Nos.1 and 2 in the FIR. The

appellants apprehending their ar