Chandrakant Mani Naik vs The State Of Karnataka
2022 Latest Caselaw 154 Kant

Citation : 2022 Latest Caselaw 154 Kant
Judgement Date : 5 January, 2022

Karnataka High Court

Chandrakant Mani Naik vs The State Of Karnataka on 5 January, 2022

Bench: Mohammad Nawazpresided Bymnj

          IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

       DATED THIS THE 05TH DAY OF JANUARY 2022

                       BEFORE

      THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ


              CRL.A. NO.100354 OF 2021

BETWEEN

CHANDRAKANT MANI NAIK
AGE. 54 YEARS, OCC. TEACHER
R/O. BAVIKERI, TQ. ANKOLA
NOW AT KALATHER
TQ.KAPU, DIST. UDUPI
                                           ...APPELLANT
(BY SRI.R H ANGADI, ADVOCATE)

AND

1 . THE STATE OF KARNATAKA
(ANKOLA POLICE STATION, ANKOLA)
R/BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH,DHARWAD-580011

2 . GIRISH KUMAR K N
S/O K. NARAYAN
AGE. 45 YEARS, OCC.POLICE OFFICER
DIRECTOR OF CIVIL RIGHT ENFORCEMENT,
MUDA BUILDING URWA STORE
MANGALURU-575006
                                         ...RESPONDENTS
(BY SRI.RAMESH B. CHIGARI, HCGP FOR R1)
(BY SRI.C.JAGADISH, SPL. COUNSEL FOR R2)
                                 2




      THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC
AND ST (POA) ACT, PRAYING TO ALLOW THE APPEAL AND
SET ASIDE IMPUGNED ORDER ON BAIL APPLICATION FILED
U/S 438 OF CR.P.C., IN CRL.MISC.NO.367/2021, DATED
26.11.2021    BY   THE    II    ADDITIONAL      DISTRICT    AND
SESSIONS     JUDGE,    U.K.    KARWAR     AND   CONSEQUENTLY
ENLARGE      THE      APPELLANT/ACCUSED         ON   BAIL     IN
CONNECTION WITH ANKOLA P.S. CRIME NO.145/2021, FOR
THE   OFFENCES     PUNISHABLE       U/S    3(1)(q)   OF    SC/ST
(PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 AND
SECTIONS 198, 196, 420 OF IPC.


      THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                          JUDGMENT

Heard the learned counsel for appellant and

learned Special Counsel appearing for respondent

No.2/complainant.

2. This appeal is filed under Section 14(A)(2)

of SC/ST Act, 1989 praying to set aside the order

dated 26.11.2021 passed by the II Addl. District

and Sessions Judge, Uttara Kannada, Karwar in

Crl. Misc. No.367/2021, whereby the petition filed

under Section 438 of Cr.P.C. has been rejected.

3. The appellant herein is alleged to have

obtained a false caste certificate by giving false

information that he belong to Schedule Caste and

secured a job and thereby caused loss of

opportunity of a job to the persons belonging to

Schedule Caste and committed an offence

punishable under Section 3(i)(q) of

SC/ST(Prevention of Atrocities) Act, 2015 and

offences punishable under Sections 198, 196 and

420 of IPC.

4. On the basis of a complaint lodged by the

official of Directorate of Civil Rights Enforcement,

Mangaluru, a case was registered against the

appellant in Crime No.145/2021 of Ankola Police

Station for the afore-mentioned offences.

5. The learned Special Counsel appearing for

respondent No.2 would contend that the District

Caste Verification Committee after due verification

and enquiry has come to the conclusion that

appellant has obtained a false caste certificate by

giving false information claiming to be a member

of Schedule Caste and secured a job as a teacher

and thereby deprived other members of the

Schedule Caste from securing the said job. He has

contended that the Caste certificate fraudulently

obtained by the appelalnt has been cancelled. He

contends that there is a prima-facie case against

the appellant and therefore, the learned Sessions

Judge has rightly rejected the petition filed under

Section 438 of Cr.P.C.

6. It is the case of the prosecution that the

appellant obtained a false caste certificate from

the Tahasildar, Ankola taluk on 05.03.1993 by

furnishing false information, claiming to be a

member of Scheduled Caste which was

subsequently, annulled by the District Caste

Verification Committee vide order dated

23.11.2020.

7. The learned counsel for the appellant has

brought to the notice of the Court that the order

passed by the District Caste Verification

Committee canceling the caste certificate issued in

favour of appellant has been stayed in WP

No.148417/2020 vide order dated 22.12.2020. A

copy of the said order is enclosed. At this stage,

the question of obtaining the caste certificate by

giving false information as alleged is pending

consideration. Hence, it cannot be said that there

is a prima facie case made out against the

appellant so as to attract the ingredients of the

alleged offence and therefore, there is no

impediment to grant anticipatory bail to the

appellant. Hence, the following:

ORDER

Appeal is allowed.

The impugned order dated 26.11.2021 passed in

Crl.Misc.No.367/2021 on the file of the Court of II Addl.

District and Sessions Judge, Uttar Kannada, Karwar is

hereby set aside.

Appellant/accused is ordered to be released on bail

in the event of his arrest in Crime NO.145/2021 of Ankola

Police Station subject to following conditions:

i) The appellant shall appear before the

Investigating Officer within a period

of 10 days from the date of receipt

of a copy of this order.

      ii)    The      appellant         shall       execute     a

             personal        bond        in     a     sum      of

Rs.50,000/- with two sureties for like

sum to the satisfaction of the

Investigating Officer.

iii) The appellant shall furnish proof of

his residential address and shall

inform the Investigating Officer/

Court if there is any change in the

address.