(1.) 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 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 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 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 arrest have filed Criminal Miscellaneous No.218/2021 under Section 438 of Cr.P.C., seeking anticipatory bail and the same came to be rejected by the I Additional District and Sessions Judge and Special Judge, Haveri by order dated 29.04.2021. The appellants have challenged the said order in the present appeal.