NIRANJAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, learned counsel for the complainant - respondent No.2 namely Rajashekhar Burji and the learned HCGP for the respondent State. Perused the materials.

(2.) Criminal Petition No.101693/2019 and Criminal Petition No.101694/2019 has been filed by the petitioners - accused Nos.5 and 4 respectively under Section 438 of Cr.P.C., seeking anticipatory bail in Raibag P.S. Crime No.250/2017 for the alleged offences punishable under Sections 416, 418, 419 and 420 read with Section 34 of IPC.

(3.) The brief facts of the case are that the case in Crime No.250/2017 came to be registered based upon the P.C. No.64/2017. The complaint - respondent No.2 was filed by one Sri.Dhanapal Satteppa Asangi against the petitioners being arraigned as accused Nos.5 and 4 respectively. It is stated in the complaint that originally the land bearing R.S. No.149 situated in the limits of Badabykud Village, Raibag Taluk in Belagavi District was the ownership of the father of the accused Nos.1 and 2 namely Narasinhrao Shrinivasrao Deshpande. The accused Nos.1 and 2 alleged to have colluded with accused Nos.3 and 4 being the Village Accountant and Revenue Inspector and accused No.5 said to be the Village Accountant of Badabykud Village in Raibag Taluk. But the deceased Bhima Satteppa Asangi was cultivating the said landed property as a tenant of deceased Narasinharao Deshpande since 1948. The name of the Bhima Satteppa Asangi was appeared in the other revenue records column of the above said landed property as a protected land. Same reveals in the private complaint filed by the complainant before the Court of the Addl. JMFC, Raibag in P.C. No.64/2017. Said complaint was referred under Section 156(3) of Cr.P.C. to the jurisdictional P.S. for the purpose of investigation and to submit the report. Accordingly, case in Crime No.250/2017 came to be registered relating to the impersonation of offences committed by these accused. Subsequent to registration of crime, the case was taken up for investigation by the Investigating Officer.