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 27-ABA-2631-2023.doc 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 27-ABA-2631-2023.doc 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.) Arjun 4 ARJUN KRISHNA RODGE Digitally signed by ARJUN KRISHNA RODGE Date: 2026.09.23 12:28:10 +0530