Karnataka High Court
Rajshekar vs The State Of Karnataka And Anr on 9 October, 2024
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NC: 2024:KHC-K:7602
CRL.A No. 200237 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE T G SHIVASHANKARE GOWDA
CRIMINAL APPEAL NO.200237 OF 2024 (U/S 14 (A))
BETWEEN:
RAJSHEKAR
S/O BHEEMARAYA KANGANDI,
AGE: 60 YEARS OCC: AGRICULTURE,
R/O BASAVESHWAR TEMPLE, MUTTAKOD VILLAGE,
TQ. YADRAMI, DIST. KALABURAGI
...APPELLANT
(BY SRI. VIJAYA MALLIKARJUNAPPA PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed THROUGH NELOGI P. S. (CR NO.135/2024)
by KHAJAAMEEN
L MALAGHAN REP. BY S.P.P. HIGH COURT OF KARNATAKA
Location: High KALABURAGI BENCH-585107.
Court Of
Karnataka
2. MARLING
S/O BASANNA HONAGUNTIKAR,
AGE: MAJOR, OCC: DISTRICT MANAGER,
R/O DR. B. R. AMBEDKAR DEVELOPMENT
CORPORATION, KALABURAGI-585103.
...RESPONDENTS
(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1;
R-2 IS SERVED)
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NC: 2024:KHC-K:7602
CRL.A No. 200237 of 2024
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SC/ST (PA) ACT READ WITH UNDER SECTION 438
CR.P.C. (SEC. 482 OF BNSS 2023) PRAYING TO ALLOW THE
APPEAL AND DIRECT THE CONCERNED TO RELEASE THE
APPELLANT ON BAIL IN THE EVENT OF HIS ARREST IN CRIME
NO.135/2024 OF NELOGI P.S. FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 417, 419, 420 OF IPC AND
SEC.3(1)(F) OF SC/ST (PA) ACT 1989 AND SEC. 8 OF
KARNATAKA SC/ST (PROHIBITION OF TRANSFER OF CERTAIN
LANDS) ACT, 1978, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE T G SHIVASHANKARE GOWDA
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE T G SHIVASHANKARE GOWDA)
This appeal is filed under Section 14(A)(2) of
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (Section 482 of BNSS, 2023) with a
prayer to grant anticipatory bail to the appellant in Crime
No.135/2024, registered by the Nelogii Police Station,
Kalaburagi district for the offences punishable under
Sections 417, 419, 420 of IPC and Sec.3(1)(f) of SC/ST
(PoA) Act, 1989 and Sec.8 of Karnataka SC/ST (Prohibition
of Transfer of Certain Lands) Act,1978.
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2. Brief facts of the case are that, the appellant
was the owner of the land bearing Sy.No.119/3,
measuring 02 acres 03 guntas of Muttakod village, Tq.
Yadrami, Dist. Kalaburgi. On 20.09.2017, he was
approached the Dr.B.R.Ambedkar Development
Corporation, Kalaburagi (for short 'Corporation') intending
to sell the aforesaid land. Accordingly, the Thashildar,
Jewargi after inspecting the land submitted the report. The
Corporation has obtained report from the Agriculture
Department, Jewargi, the District Manager as well as
Taluka Development of the Officer of the complainant
Corporation. Thereafter, the land was allotted to Smt.
Arati W/o Ningu, resident of Muttukod. Accordingly, on
27.10.2020, a sale deed was executed in favour of the
beneficiary i.e., Smt. Arati W/o Ningu and the appellant
has received 80% consideration i.e., Rs.6,55,700/- paid by
the Corporation. Subsequently, on 13.02.2024, by
misusing the voter I.D. of the beneficiary Smt. Arati W/o
Ningu, the appellant got re-conveyed the land in his name
defeating the very purpose of alienation. Hence, after
NC: 2024:KHC-K:7602
coming to know about the re-conveyance transaction, the
District Manager of the Corporation has filed a complaint
against the appellant and set the law into motion. The
appellant approached the learned Special Judge for grant
of anticipatory bail and same was rejected vide impugned
order. Hence, the appellant is before this Court.
3. Heard Sri Vijaya Mallikarjunappa Patil, learned
counsel for the appellant and learned High Court
Government Pleader for the respondent No.1/State. The
beneficiary has been notified, she is remained absent.
4. The material on record goes to show that the
appellant approached the respondent No.2 - Corporation
expressing his willingness to sell the land in question.
Accordingly received consideration amount for a sum of
Rs.6,55,700/- from the Corporation on 27.10.2020 and
executed a registered sale deed on the said date in favour
of beneficiary identified by the Corporation Smt. Arati W/o
Ningu. On 13.02.2024, the appellant got re-conveyed the
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land from the beneficiary and thereby he has committed
the alleged offences.
5. It is pertinent to note that the beneficiary Smt.
Arati W/o Ningu has also filed a suit in O.S.No.98/2024
against the appellant seeking the relief of perpetual
injunction and the matter is pending before the Civil Court.
In the meantime, the transaction between the appellant
and the beneficiary came to the knowledge of the
Corporation and thereby the law was set into motion
against the appellant. Since the matter is pending before
the Civil Court and the offences which the Corporation is
relying is purely on the basis of documentary evidence
whether the appellant will sustain the said property by
virtue of the sale deed dated 13.02.2024 is a matter to be
considered on merits in the said criminal proceedings.
6. At this stage, it is to be noted that the appellant
is a permanent resident of Muttukod village and he is
rightly available for investigation. Mere alleged transfer of
the land in question does not amount prima facie offence
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under Section 3(1)(f) of SC/St (PA) Act, 1989. Hence,
there is no bar to exercise direction under Section 14 of
the SC/ST (PoA) Act. The apprehension of the prosecution
can be met with by imposing stringent conditions on the
appellant.
7. The appellant has made out reasonable grounds
to exercise the discretion in grant of bail. In the result, the
following;
ORDER
The appeal filed by the appellant - accused is hereby
allowed.
The respondent - Police are directed to release the
appellant on bail in the event of his arrest in Crime
No.135/2024, registered by the Nelogi Police Station, Dist.
Kalaburagi, for the offences punishable under Sections
417, 419, 420 of IPC and Sec.3(1)(f) of SC/ST (PoA) Act,
1989 and Sec. 8 of Karnataka SC/ST (Prohibition Of
Transfer Of Certain Lands) Act, 1978, subject to the
following conditions:-
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i) The appellant shall execute personal bond for a sum
of Rs.50,000/- with a surety each for the likesum to
the satisfaction of the Investigating Officer;
ii) The appellant shall surrender before the
Investigating Officer within 15 days from the date of
receipt of certified copy of this order and assist for
the investigation.
iii) The appellant shall not directly or indirectly tamper
with any of the prosecution witnesses.
Sd/-
(T G SHIVASHANKARE GOWDA)
JUDGE
BL,AMM
CT:SI
