RAJSHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed under Sec. 14(A)(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Sec. 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 Ss. 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.

(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 20/9/2017, 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.6,55,700.00 paid by the Corporation. Subsequently, on 13/2/2024, 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 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.