Bombay High Court
SHIVAPPA BHIMASHA KOLIversusTHE STATE OF MAHARASHTRA
- Disposal
- Allowed
Holding
The court confirmed the interim anticipatory bail order, making it absolute, and allowed the application.
Summary
Shivappa Bhimasha Koli, a former Talathi, was implicated in a fraud involving the conversion of trust land into private plots, alleged under IPC sections 420, 406 and 471. He filed an anticipatory bail application, claiming he merely processed a mutation entry based on the trust's application and had no knowledge of the fraud. The trial court initially granted interim bail with conditions, directing him to cooperate with the investigation. The State later informed the court that the investigation was complete, a chargesheet had been filed, and custodial interrogation was unnecessary. The High Court confirmed the interim bail order, making it absolute, and disposed of the anticipatory bail application.
Issues considered
- Whether the applicant is entitled to anticipatory bail despite allegations of participation in fraud under IPC 420, 406, 471.
- Whether the completion of investigation and filing of a chargesheet negates the need for custodial interrogation and affects bail considerations.
Legislation cited
- Indian Penal Code, 1860 — s. 406, 420, 471
Subjects
- anticipatory bail
- fraud
- trust property
- mutation entry
- IPC 420
- IPC 406
- IPC 471
- investigation
- chargesheet
- bail conditions
Judgment
27-ABA-2631-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 2631 OF 2023
Shivappa Bhimasha Koli ...Applicant
Versus
The State of Maharashtra And Anr. ...Respondents
_______________________________________________________________
None for the for the Applicant.
Dr. A. A. Takalkar, APP for the Respondent – State.
Mr. Darshan Singh Rajpurohit i/b Ritesh Thobde, Advocate for the
Intervenor.
PC Khatib Sayyed, Valsang Police Station, is present.
_______________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATE : 21st September, 2026.
P.C. :
1. When this Application was called out, neither the Applicant nor
the Advocate for the Applicant were present in Court either physically
or through VC mode.
2. Since this Application is pending from the year 2023, perused
the record with the assistance of Dr. A. A. Takalkar, learned APP for the
Respondent – State. In addition, heard Mr. Darshan Rajpurohit, learned
Advocate for the Intervenor.
3. On 20.09.2023, the following order was passed :-
Arjun 1
27-ABA-2631-2023.doc
1. Heard the learned Counsel for the Applicant and the
learned APP for the State.
2. This is an application for pre-arrest bail in connection
with C.R. No. 405 of 2022 registered with Valsang Police
Station, Dist. Solapur for the offences punishable under Sections
420, 406, 471 of Indian Penal Code, 1860.
3. The first informant lodged a report with the
allegations that, accused No.1 Yallaling Gurunath Vhanmane
had converted the trust property into private property and had
made 38 plots and sold those plots for a consideration of Rs.65
lacs. He had entered into agreements with the purchasers. The
accused No.1 Yallaling Vhanmane had not deposited the sale
proceeds with the trust account and misappropriated the same.
4. The applicant was the then Talathi of village Hotagi.
The applicant had effected mutation entry No. 2907 purportedly
on the basis of the application given by the trustees upon the
death of the then Mathadhipati, Narasappa Landage.
5. Learned Counsel for the applicant submitted that the
applicant had effected of the mutation entry on the basis of the
application submitted by the then President of the trust by
following the due process. The mutation entry was certified by
the Circle Officer, Hotagi. There is no material to indicate that
the applicant was privy to the alleged fraud.
6. Learned APP and learned Counsel for the first
informant on the other hand submitted that the trust property
has been alienated by practicing fraud. The applicant was also
involved in the said fraudulent transfer of the trust property in
the names of the persons, who subsequently alienated the trust
property.
7. Prima facie, the role attributed to the applicant
appears to be that of effecting and certifying the mutation entry
No.2907. It was as urged on behalf of the prosecution that there
are no documents with the record of the revenue department on
the basis of which Mutation Entry No. 2907 seems to have been
effected. Evidently, the mutation entry was effected in the year
2004. The applicant has since retired from service.
8. At this length of time, whether the applicant was a
privy to the offences and had the necessary mens-rea, would
warrant investigation. The liberty of the applicant can thus be
protected by an interim order, while directing him to join in the
investigation. If the investigation reveals the complicity of the
applicant, the said fact can be considered while adjudicating the
prayer for pre-arrest bail.
Arjun 2
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Hence, following order:
ORDER
(i) In the event of arrest in C.R. No. 405 of 2022
registered with Valsang Police Station, Dist. Solapur, the
applicant be released on bail on furnishing a P.R. bond in the
sum of Rs. 30,000/- with one or two sureties in the like amount.
(ii) The applicant shall co-operate with the investigation
and furnish samples of specimen hand writing and signature, if
directed by the Investigating Officer.
(iii) The applicant shall not tamper with the prosecution
evidence and/or give threat or inducement to the first informant
or any person acquainted with the facts of the case.
(iv) Stand over to 25th October 2023.
4. Dr. A. A. Takalkar, learned APP, on instructions from the
Investigating Officer, Valsang Police Station, states that investigation in
Crime No. 405 of 2022 is complete and the chargesheet has been filed.
She states that Crime No. 405 of 2022 is now registered as R.C.C. No.
45 of 2024 and is pending before the Judicial Magistrate First Class,
Akkalkot, for trial. She, on instructions from the Investigating Officer,
states that the investigation in Crime No. 405 of 2022 being complete,
custodial interrogation of the Applicant is not required.
5. In view of the statement made by Dr. A. A. Takalkar, learned
APP for the Respondent – State, more particularly, that the investigation
in Crime No. 405 of 2022 is complete, that the custodial interrogation
of the Applicant is not required and the order of interim bail in this
Application being in operation since 20.09.2023, this Application is
Arjun 3
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allowed by confirming the said order and making the same absolute in
terms of paragraph nos. (i) to (iii).
6. Anticipatory Bail Application No. 2631 of 2023 is allowed and
disposed of.
(ASHWIN D. BHOBE, J.)
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.23
12:28:10
+0530
Arjun 4
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