Karnataka High Court
Vinod Dayanand Jaiwant vs The State Of Karnataka on 14 January, 2022
Bench: Mohammad Nawazpresided Bymnj
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 14TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRL.APPEAL NO.100269 OF 2021
BETWEEN
VINOD DAYANAND JAIWANT,
AGED ABOUT 45 YEARS, KSRTC DRIVER,
R/O: JANATA COLONY, MURUDESHWAR,
TAL-BHATKAL, U.K. DISTRICT.
...APPELLANT
(BY SRI. VIJAY MALALI, SRI.A.P. HEGDE
AND JANMANE, ADVOCATES)
AND
1. THE STATE OF KARNARTAKA
REPRESENTED BY SATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
DHARWAD.
2. THE SUPERITENDENT OF POLICE,
DIRECTORATE,
ENFORCEMENT OF CIVIL RIGHTS,
MANGALORE,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD.
...RESPONDENTS
(BY SRI.RAMESH B. CHIGARI, HCGP FOR R1 AND
SRI. C. JAGADISH, ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED U/S 14(A) 2 OF SC & ST
(POA) ACT, SEEKING TO ALLOW THE APPEAL AND GRANT
ANTICIPATORY BAIL TO THE PETITIONER IN SPECIAL CASE
NO.42/2020 PENDING ON THE FILE OF HON'BLE PRINCIPAL
DISTRICT AND SESSIONS JUDGE UTTARA KANNADA, KARWAR
FOR THE OFFENCES PUNISHABLE UNDER SECTION 198, 420,
2
511 OF I.P.C AND SEC.3(1)(IX) OF SC & ST (PREVENTION OF
ATROCITIES) ACT 1989.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard both side and perused the material on
record.
2. The appellant has sought to set aside
the order dated 04.03.2021 passed by the Court of
Prl. District and SessionS Judge, Uttara Kannada,
Karwar in Criminal Misc. No.27/2021, rejecting his
petition filed under Section 438 of Cr.P.C. and to
enlarge him on anticipatory bail.
3. FIR has been registered against the
appellant in Crime No.0007/2019 of New Market
Police Station for offences punishable under
Sections 198, 420, 511 of IPC and Section
(3)(1)(IX) of SC and ST (Prevention of Atrocities
Act, 1989). It is alleged that the appellant herein
obtained a false caste certificate claiming to be
'Moger' coming under Scheduled Caste and
obtained the job of a driver in KSRTC in the year
2009. Subsequently, the said caste certificate was
ordered to be cancelled by the caste verification
committee on 07.08.2018, subsequent to which
the Tahsildar cancelled the Caste Certificate of the
petitioner on 29.08.2018.
4. The learned counsel for appellant has
brought to the notice of the Court that subsequent
to passing of the order by the caste verification
committee the appellant challenged the said order
by way of an appeal before the Commissioner of
Social Welfare department and vide order dated
30.12.2019, the said appeal has been allowed and
the impugned order dated 07.08.2018 has been
set aside and the matter has been remanded back.
He would further contend that even the appellant
was appointed as a driver not on the ground that
he belong to Scheduled Caste, on the other hand
his appointment was on merits.
5. It is alleged that the appellant herein
obtained false caste certificate from the Tahasildar
on 08.02.2006 claiming to be a member of
Scheduled Caste and thereafter in the year 2009
obtained a driver's job in KSRTC. The document at
Annexure-E i.e., the appointment letter shows that
he was appointed as a driver in KSRTC under
merit. The subsequent cancellation of the caste
certificate by the caste verification committee has
been set aside, in appeal by the Commissioner of
Social Welfare Department on 30.12.2019 and the
question regarding the caste of the appellant is
still pending. Therefore the impugned order
deserves to be set aside and appellant is entitled
for the relief of anticipatory bail. Accordingly the
following;
ORDER
The petition is allowed.
The order dated 04.03.2021 passed by the
Court of Prl. District and Sessions Judge, Uttara
Kannada, Karwar in Crime No.007/2019 is here by
set aside.
The appellant is ordered to be released in the
event of his arrest in Crime No.007/2019 of New
Market Police Station, Sirsi, subject to following
conditions;
i) The appellant shall appear before the
Investigation Officer within a period
of 30 days from today.
ii) The appellant shall execute a
personal bond in a sum of
Rs.50,000/-(Rupees Fifty thousand
only) with two sureties for likesum.
iii) The appellant shall co-operate with
the investigation of the case.
vi) The appellant shall not tamper with
the prosecution witnesses/ evidence
in any manner.
vii) The appellant shall be regular in
attending the Court proceedings.
The observation's made in the order is
confined to the disposal of this appeal.
Sd/-
JUDGE
PJ
