Sri Muthuraman N vs State Of Karnataka
2022 Latest Caselaw 11421 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 17 T H DAY OF AUGUST, 2022

                          BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

       CRIMINAL APPEAL NO.1253 OF 2022

BETWEEN:

Sri Muthuraman N.
S/o. Natarajan
Aged about 49 years
Residing at
Bhowrilal Pet
K.G.F.
Kolara District-563122.
                                           ...Appellant
(By Sri Kashinath J.D., Advocate)


AND:

1.   State of Karnataka
     By Robertsonp et Police Station
     Represented by SPP
     Hig h Court of Karnataka
     Bang alore-560001.

2.    Sri Srinaktayya B.N.
      Aged Major
      Working as Police Inspector
      Dircectorate of Civil Rights Enforcement
      Kolara Division
      Kolara-563122.
                                          ...Respondents
(By Sri K.Rahul Rai, HCGP for R1;
 Sri C. Jag ad ish, Advocate for R2)
                               :: 2 ::


      This   Criminal     Appeal    is    filed   under    Section
14(A)(2) of SC/ST (POA) Act, praying to set aside the
order dated 29.06.2022 passed on the anticipatory
bail application filed in Crl.Misc. No.553/2022 on the
file of II Add itional District and Sessions Judge, Kolar.

      This Criminal Appeal coming on for admission
this d ay, the Court d elivered the following:

                          JUDGMENT

Heard Sri Kashinath J D, learned counsel for

the appellant, learned High Court Government

Pleader for respondent No.1-State and Sri

C.Jagadish, learned counsel for Respondent No.2.

2. This is an appeal filed under Section

14(A)(2) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, questioning

the correctness of the order dated 29.06.2022

passed by the II Additional District and Sessions

Judge, Kolar in Crl.Misc.No.553/2022.

3. In connection with Crime No.35/2022,

registered by the first respondent police for the

offences punishable under Sections 467, 468, 471, :: 3 ::

198 and 420 of IPC and Section 3(1)(q) of the

SC/ST Act, the appellant applied for anticipatory

bail. The same was rejected. Hence this appeal.

4. The prosecution case is that though the

appellant belongs to 'Gounder' caste, he gave false

information that he belongs to 'Adi Karnataka'

which is a scheduled caste and obtained caste

certificate. The District Caste Verification

Committee ordered to cancel the caste certificate

issued to the appellant.

5. In the similar set of circumstances, in

Crl.A.No.1361/2021, it was held by me that the

offence under Section 3(1)(q) of SC/ST Act would

not attract and at best, the accused who has

obtained false caste certificate can be prosecuted

for the offences under the Indian Penal Code in

connection with forgery and fabrication of false

documents. The same principle can be applied

here. Therefore Section 18 of the SC/ST Act does :: 4 ::

not come in the way of granting anticipatory bail

to the appellant. Hence the following:

ORDER

Appeal is allowed.

The order dated 29.06.2022 passed in Crl.Misc.553/2022 by the II Additional District and Sessions Judge, Kolar, is set aside. Application filed by the appellant under Section 438 of Cr.P.C., is allowed.

          In    the     event       of    arrest     of     the
    appellant    by      the    respondent         police    in
    connection        with     Crime     No.35/2022, he

shall be released on bail subject to his executing a bond for Rs.1,00,000/- (One Lakh only) and providing two sureties for the likesum to the satisfaction of the investigating officer. The appellant is also subjected to following conditions:-

(i) He shall co-operate with the investigating officer for completing the investigation.

:: 5 ::

(ii) He shall attend the police station whenever his presence is necessary for the purpose of investigation.

(iii) He shall not threaten the witnesses and tamper with evidence.

Sd/-

JUDGE

Kmv/-