Sri Anand S/O Siddalingappa Gotadaki vs The State Of Karnataka on 5 March, 2026

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    Karnataka High Court

    Sri Anand S/O Siddalingappa Gotadaki vs The State Of Karnataka on 5 March, 2026

    Author: Hanchate Sanjeevkumar

    Bench: Hanchate Sanjeevkumar

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                                                              CRL.A No. 100019 of 2026
    
    
                              HC-KAR
    
    
    
    
                          IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
    
                             DATED THIS THE 5TH DAY OF MARCH, 2026
    
                                                  BEFORE
    
                     THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
    
                               CRIMINAL APPEAL NO.100019 OF 2026
                                       (U/S.14 A(2) of SC and ST ACT)
    
                             BETWEEN:
    
    
                             1.   SRI ANAND S/O. SIDDALINGAPPA GOTADAKI,
                                  AGE: 49 YEARS, OCC: SELF EMPLOYED,
                                  R/O. HOUSE NO.1862, SOMAVAR PETH,
                                  TQ. GOKAK, DIST. BELAGAVI, PIN-571326.
    
    
                             2.   SRI DUNDESH S/O. BASAVARAJ SHIRASANGI,
                                  AGE: 31 YEARS, OCC: SELF EMPLOYED,
                                  R/O. HOUSE NO.1519, AMBIGER GALLI,
    Digitally signed by
                                  TQ. GOKAK, DIST. BELAGAVI, PIN-571326.
    MALLIKARJUN
    RUDRAYYA
    KALMATH
    Location: High
    Court of Karnataka,
                                                                           ...APPELLANTS
    Dharwad Bench
                             (BY SRI SANTOSH B. MALAGOUDAR, ADVOCATE.)
    
    
                             AND:
    
    
                             1.   THE STATE OF KARNATAKA,
                                  THROUGH PSI,
                                  GOKAK TOWN POLICE STATION,
                                  REPRESENTED BY ITS ADDL. STATE
                                  PUBLIC PROSECUTOR, SPP OFFICE,
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                                       CRL.A No. 100019 of 2026
    
    
    HC-KAR
    
    
    
    
         HIGH COURT OF KARNATAKA,
         DHARWAD.
    
    
    2.   SRI K. R. GUDAJ,
         AGE: 61 YEARS,
         OCC: RETD. GOVT. EMPLOYEE,
         R/O. ADIJAMBAV NAGAR, TQ. GOKAK,
         DIST. BELAGAVI, PIN-571326.
                                                 ...RESPONDENTS
    (BY SRI JAIRAM SIDDI, HCGP FOR R1;
    SRI VINAYAK MEGUNDI, ADV. FOR R2)
    
    
          THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2)
    OF THE SCHEDULED CASTES AND THE SCHEDULED TRIBES
    (PREVENTION OF ATROCITIES) ACT, 1989, PRAYING TO SET
    ASIDE THE ORDER DATED 06.01.2026 PASSED BY THE COURT
    OF THE III ADDITIONAL SESSIONS JUDGE, THE EXCLUSIVE
    SPECIAL COURT CONSTITUTED FOR OFFENCES TRIABLE UNDER
    SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF
    ATROCITIES) ACT AT: BELAGAVI IN CRL.MISC NO.001585/2025
    AND CONSEQUENTLY ALLOW THE PRESENT CRIMINAL APPEAL
    BY ENLARGING THE APPELLANTS/ACCUSED NO.5 AND 6 ON
    ANTICIPATORY BAIL ON SUCH TERMS AND CONDITIONS AS
    DEEMED FIT IN GOKAK TOWN P.S. CRIME NO.166/2025, DATED
    27/11/2025, REGISTERED FOR THE OFFENCES PUNISHABLE
    UNDER SECTIONS 419, 420, 465, 468, 471, 120B AND 149 OF
    IPC AND UNDER SECTIONS 3(1)(g), 3(1) (f) OF THE SC AND ST
    (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015, IN THE
    INTEREST OF JUSTICE AND EQUITY IN SO FAR AS PRESENT
    APPELLANTS/ACCUSED NO 5 AND 6 ARE CONCERNED.
    
    
          THIS APPEAL COMING ON FOR ORDERS, THIS DAY ORDER
    WAS MADE THEREIN AS UNDER:
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                                        CRL.A No. 100019 of 2026
    
    
    HC-KAR
    
    
    
    
                           ORAL JUDGMENT

    (PER: THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

    This criminal appeal is filed under Section 14A (2) of

    SPONSORED

    the Scheduled Caste and the Scheduled Tribes (Prevention

    of Atrocities) Act, 1989 (for short, ‘the SC and ST Act,

    1989’), seeking to enlarge the appellants/accused Nos.5

    and 6 on anticipatory bail with the following prayer:

    “PRAYER

    Wherefore, it is most humbly prays that this
    Hon’ble Court may be pleased to:

    a) Set aside the order dated 06.01.2026 passed
    by the Court of the III Additional Sessions Judge,
    the Exclusive Special Court Constituted for
    offences triable under Scheduled Castes and
    Scheduled Tribes (Prevention of Atrocities) Act
    at
    Belagavi in Crl.Misc.No.001585/2025.

    b) And consequently allow the present criminal
    appeal by enlarging the appellants/accused Nos.5
    and 6 on Anticipatory Bail on such terms and
    conditions as deemed fit in Gokak Town PS Crime
    No.166/2025, dated 27.11.2025, registered for
    the offences punishable under Sections 419, 420,
    465, 468, 120B and 149 of IPC and U/S 3(1) (g),
    3(1) (f) of the SC and ST (Prevention of
    Atrocities) Amendment Act, 2015 in the interest of
    justice and equity insofar as present
    appellants/accused Nos.5 and 6 are concerned.”

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    2. The appeal is filed seeking anticipatory bail to the

    appellants/accused Nos.5 and 6 in connection with the

    offences alleged as described above.

    3. It is the brief case of prosecution that as per the

    complaint/FIR averments, the complainant belongs to a

    member of the Scheduled Tribe and it is stated that on

    08.01.1938, four persons namely, Santavva Shetya Gudaz;

    Yallavva Shatya Gudaz; Ranavva D/o. Ramappa Gudaz and

    Santya Shatya Myageri were granted the land bearing

    Sy.No.387/S and accordingly their names were entered in

    the revenue records. Further, it is the case of prosecution

    that the grandmother of the complainant had obtained the

    land to the extent of 03 acre 29 guntas in Sy.No.387/S and

    was cultivating the same.

    4. It is the case of prosecution that at a later point

    of time, other names have been entered in the revenue

    records and on 18.11.2024, the complainant has filed an

    application for correction of their names entered in the

    records in respect of the land bearing Sy.No.387/S/1, but it
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    is noticed that accused No.1 himself impersonated and all

    the accused conspired to dupe the land to themselves for

    unlawful gain and to shield common intention,

    prepared/created concocted documents and by making

    impersonation showed that the land was sold out. Thus,

    deprived the right of the complainant to use the land as

    owner and dispossessed the complainant. For which, the

    allegation against the appellants/accused Nos.5 and 6, who

    are the bond writers and they have facilitated the other

    accused in these types of conveyance transactions.

    Therefore, the offences are registered as above stated.

    5. Learned counsel for the appellants submitted

    that these appellants/accused Nos.5 and 6 are only the

    bond writers and they did not have any role in committing

    the offences as alleged as against the complainant. Upon

    bare perusal of the complaint, the role played by the

    appellants is shown as they are only bond writers and

    nothing more than that. These appellants, being accused

    Nos.5 and 6, while discharging their duty/profession as
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    bond writers, have prepared deeds and except this there is

    no other accusation in the complaint. Therefore, the

    appellants did not even know to which caste the

    complainant belongs and as usual in routine, whenever the

    customers approach them they will prepare deeds and hand

    over the same to them. Except these activities, there are no

    other activities so as to involve the appellants in the

    offences alleged as per the complaint averments. Therefore,

    these accusations do not depict a prima facie case. Hence, it

    is prayed to enlarge the appellants/accused Nos.5 and 6 on

    anticipatory bail.

    6. Further, the learned counsel appearing on behalf

    of the appellants submitted that as per the principle of law

    laid down by the Hon’ble Supreme Court in the case of

    PRATHVI RAJ CHAUHAN VS. UNION OF INDIA AND

    OTHERS1, though there is a bar under Section 18 and 18A

    of the SC and ST Act, 1989, for consideration of the

    anticipatory bail, where the complaint does not disclose

    1
    (2020) 4 SCC 727
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    prima facie case, then requests for anticipatory bail would

    be considered. Therefore, by placing reliance on this

    judgment prays to grant an order of anticipatory bail to the

    appellants.

    7. On the other hand, learned counsel appearing on

    behalf of respondent No.2 and the learned HCGP

    vehemently submitted that the appellants/accused Nos.5

    and 6 have been involved in 08 other cases and they are

    habitual offenders. Among the 08 other cases, 04 cases are

    pertaining to the similar offences of this nature as involved

    in this case. Therefore, the appellants are in the habit of

    making such fraudulent transactions on the guise of bond

    writers and in this regard, the respondents have furnished

    other cases in which the present appellants are involved in

    their statement of objections. Hence, submitted that though

    among the 08 cases, there are 04 cases pertaining to

    different offences, the other 04 offences are of a similar

    type of offences as alleged in the present case. Therefore,
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    the appellants/accused Nos.5 and 6 are in the habit of

    making such offences and this prima facie constitutes that

    the appellants have committed the offences as alleged.

    8. Further submitted that due to which the

    complainant and his family were dispossessed while

    interfering with the possession of the complainant. Hence,

    the offences under Section 3(1) (f) and (g) of the SC and

    ST Act, 1989, attract the other appropriate offences.

    Therefore, when this is prima facie case is revealed, the

    benefit of anticipatory bail cannot be extended. Hence,

    prays to dismiss the appeal.

    9. Upon considering the averments made in the

    complaint, the allegation against the appellants is that they

    are bond writers and that they were aware that accused

    Nos.1 to 4 were committing the alleged offences.

    Knowingfully well about these facts, they allegedly colluded

    with accused Nos.1 to 4 and actively participated in the

    commission of the offences alleged.
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    10. If this were the only circumstance in the case,

    the submissions made by the learned counsel for the

    appellants could have been considered in the light of the

    principle of law laid down by the Hon’ble Supreme Court in

    the case of Prathvi Raj Chauhan Vs Union of India and

    others, as stated supra. In paragraphs Nos.11 and 33, the

    Hon’ble Supreme Court observed as follows:

    “11. Concerning the applicability of provisions
    of section 438 Cr.PC, it shall not apply to the cases
    under the 1989 Act. However, if the complaint does
    not make out a prima facie case for applicability of the
    provisions of the 1989 Act, the bar created by
    Sections 18 and 18-A(i) shall not apply. We have
    clarified this aspect while deciding the review
    petitions.

    33. I would only add a caveat with the
    observation and emphasize that while considering any
    application seeking pre-arrest bail, the High Court has
    to balance the two interests: i.e. that the power is not
    so used as to convert the jurisdiction into that
    under Section 438 of the Criminal Procedure Code, but
    that it is used sparingly and such orders made in very
    exceptional cases where no prima facie offence is
    made out as shown in the FIR, and further also that if
    such orders are not made in those classes of cases,
    the result would inevitably be a miscarriage of justice
    or abuse of process of law. I consider such stringent
    terms, otherwise contrary to the philosophy of bail,
    absolutely essential, because a liberal use of the
    power to grant pre-arrest bail would defeat the
    intention of Parliament.”

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    11. As per the dictum of the Hon’ble Supreme Court,

    though there is a bar to consider the plea of anticipatory

    bail, if the complaint does not disclose a prima facie case,

    the benefit of pre-arrest bail may be granted. In this

    regard, not only the averments in the complaint but also

    the conduct of the appellants has to be taken into

    consideration, as explained by respondent No.1/State and

    respondent No.2/complainant in their statements of

    objections, particularly in paragraph No.5. The statement of

    objections filed by respondent No.1/State reads as follows:

    “5. It is submitted that, the appellant is the
    habitual offender 8 cases are registered against him in
    different crime numbers. In crime No.41/2006 for the
    offences punishable U/sec.463, 464, 465, 468, 471
    R/W. 149 OF IPC. Crime No.226/2009, for the
    offences punishable U/sec.419, 420, 465, 468, 471,
    109 R/w. 149 of IPC. Crime No.24/2012 for the
    offences punishable U/sec.463, 464, 465, 468, 471,
    420 of IPC. Crime No.32/2019 for the offences
    punishable U/sec.427, 448, 504, 506 R/w. 34 of IPC.
    Crime No.72/2020 for the offences punishable
    U/sec.143, 144, 147, 148, 150, 341, 302, 120(B),
    212, 201, 109, 115, 188, 504, 506 R/w.34, 35, 37 &
    149 of IPC. Crime No.166/2025 for the offences
    punishable U/sec.419, 420, 465, 468, 471, 120(B)
    R/w. 149 of IPC. The above all crimes are registered
    by the Gokak Town Police Station which are pending
    for the trial and Crime No.24/2012 for the offences

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    punishable U/sec.420 and 34 of IPC. It shows that the
    appellant is the habitual offender involved in various
    cases”.

    12. Out of the eight cases, four cases are of a

    different nature. However, the other four cases, namely

    Crime Nos.41/2006, 226/2009, 24/2012 and 166/2025,

    involve offences similar to those alleged in the present case.

    This prima facie shows the inclination of the appellant No.1

    towards the commission of such offences as he is habitual

    offender committing these types of offences.

    13. In the other cases mentioned above, the

    question of conviction or acquittal is immaterial at this

    stage, as it depends upon the evidence to be led in those

    cases. However, prima facie the activities of the appellant

    No.1 indicate his involvement in offences such as

    impersonation, cheating, and misappropriation. Therefore,

    the prosecution has shown a prima facie case against the

    appellant No.1 warranting this Court not to exercise its

    discretion to grant anticipatory bail. When criminal

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    conspiracy in furtherance of common intention is alleged,

    custodial interrogation by the police during the course of

    investigation becomes necessary. If anticipatory bail is

    granted at this stage, there is every possibility of the

    accused tampering with evidence or threatening witnesses,

    which would hamper a fair investigation by the

    Investigating Officer. Hence, this Court declines to grant

    anticipatory bail.

    14. Insofar as accused No.6 is concerned, the only

    allegation is that he typed the bond according to the

    instructions of accused No.5. The prosecution has not

    produced any material to show that accused No.6 is

    involved in other cases similar to those of accused No.5.

    The role attributed to accused No.6 is limited to typing the

    bond, and there is no prima facie material to show that he

    had the intention to commit the offence alleged in the

    complaint. Therefore, the benefit of anticipatory bail can be

    extended in favour of accused No.6. Accordingly, the appeal

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    partly succeeds by granting bail to accused No.6 and

    rejecting bail to accused No.5. Accordingly the following;

    
                                    ORDER
    
             i.    The appeal is allowed in part.
    
    

    ii. The prayer for anticipatory bail in respect of
    accused No.5 is rejected.

         iii.      The     order      dated       06.01.2026        in
                   Crl.Misc.No.1585/2025      passed    by   the   III
    

    Additional Sessions Judge, (The Designated
    Court constituted offence under Scheduled
    Castes and Scheduled Tribes (Prevention of
    Atrocities) Act
    , Belagavi, is hereby set aside
    insofar as accused No.6 is concerned and
    confirmed against accused No.5.

    iv. The respondent -Police or any other Police in
    the State of Karnataka are directed to release
    the appellant No.2/accused No.6 in the event
    of his arrest in Crime No.166/2025 of Gokak
    Town police Station for the offences
    punishable under Sections 419, 420, 465,
    468, 471, 120B, read with Section 149 of
    Indian Penal Code and Sections 3(1)(g),
    3(1)(f) of the SC and ST (Prevention of

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    Atrocities) Amendment Act, 2015 of P.C. Act,
    subject to the following conditions:

    a) The appellant No.2 shall execute a
    personal bond for a sum of Rs.1,00,000/-

    along with one surety for the like sum to the
    satisfaction of the Trial Court.

    b) The appellant No.2 shall not leave the
    jurisdiction of the Trial Court without prior
    permission of the Court.

    c) The appellant No.2 shall not tamper and
    threaten the prosecution witnesses in any
    manner.

    d) The appellant No.2 shall mark his
    attendance before the concerned police
    station on every Saturday between 11.00
    a.m. to 02.00 p.m.

    e) The appellant No.2 shall attend the Court
    regularly during the trial without fail. If not
    attend for consecutive two times, it entails
    cancellation of bail.

    f) Violation of any one of the conditions
    would entitle the prosecution to seek for
    cancellation of bail.

    Sd/-

    (HANCHATE SANJEEVKUMAR)
    JUDGE

    SRA, ASN /CT-AN
    List No.: 1 Sl No.: 14



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