Mr. P. Selva Kumar vs The State Of Karnataka
2022 Latest Caselaw 8633 Kant

Citation : 2022 Latest Caselaw 8633 Kant
Judgement Date : 13 June, 2022

Karnataka High Court

Mr. P. Selva Kumar vs The State Of Karnataka on 13 June, 2022

Bench: Mohammad Nawaz

                           1


 IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 13TH DAY OF JUNE 2022

                        BEFORE

     THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

          CRIMINAL APPEAL NO.831/2022

BETWEEN:

MR.P.SELVA KUMAR
S/O LATE PONNAIAH
AGED ABOUT 58 YEARS
C/O KRISHNA KUMARI
R/AT NO.8, 3RD MAIN ROAD
NEAR GANGA BAKERY
GANGANAGAR EXTENSION
R.T.NAGAR, BENGALURU-560 032               ...APPELLANT

(BY SRI PRAVEEN.C, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       BY HALASURU GATE POLICE STATION
       REP BY STATE PUBLIC PROSECUTOR
       HIGH COURT BUILDING
       BENGALURU-560 001

2.     THE POLICE INSPECTOR
       DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT
       BENGALURU HEAD QUARTERS
       CAUVERY BHAVAN
       BENGALURU-560 002                ...RESPONDENTS

(BY SRI R.D RENUKARADHYA, HCGP FOR R1;
    SRI C.JAGADEESHA, ADVOCATE FOR R2)

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF THE SCHEDULED CASTES & SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) ACT PRAYING TO SET ASIDE
THE ORDER DATED 08.04.2022 PASSED BY LXX ADDITIONAL
CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE AT
BENGALURU IN CRL.MISC.NO.2941/2022 AND TO RELEASE
THE APPELLANT ON BAIL IN THE EVENT OF HIS ARREST IN
                                 2


CR.NO.41/2022 FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 177, 181, 196, 198, 420 OF IPC AND UNDER
SECTION 3(1)(Q) OF THE SCHEDULED CASTE & SCHEDULED
TRIBE (PREVENTION OF ATROCITIES) ACT, 1989 ETC.

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

                   JUDGMENT

This appeal is preferred by the accused praying to

release him on anticipatory bail in connection with a case

registered in Crime No.41/2022 of Halasurgate Police

Station, Bengaluru City registered for the offences

punishable under Sections 177, 181, 196, 198, 420 of IPC

and under Section 3(1)(q) of the Scheduled Castes &

Scheduled Tribes (Prevention of Atrocities) Act, 1989

(hereinafter referred to 'SC & ST Act').

2. Heard the learned Counsel for the appellant

and learned High Court Government Pleader for

respondent No.1/State.

3. The complaint is lodged by the police officer,

DCRE Cell. The allegations are that the ancestors of the

accused belongs to Christian community and suppressing

the same he obtained caste certificate claiming to be 'Adi

Dravida' which comes under the Scheduled Caste and

secured a Government job and thereby committed the

aforementioned offences.

4. Learned Counsel for the appellant would

contend that even according to the complaint, the

accused and his ancestors belongs to 'Pariya' community

which comes under the Scheduled Caste in Tamilnadu.

Therefore, he contends that the allegations are without

any substance. He further contends that the order of the

District Caste Verification Committee is under challenge

before this Court in W.P.No.10719/2022. He further

submits that the appellant had an unblemished career

and he took voluntary retirement from his job. Now on

the basis of false allegation he may be arrested etc., He

submits that the learned Sessions Judge without properly

appreciating the entire facts and circumstances,

erroneously rejected the prayer for anticipatory bail.

5. Learned Counsel appearing for respondent

No.2 contends that the District Caste Verification

Committee after thorough enquiry has found that the

appellant/accused by misrepresenting, obtained a false

caste certificate on the basis of which he secured a job in

the Indian Institute of Science. He submits that there is a

prima-facie case, hence the learned Sessions judge has

rightly rejected the petition under Section 438 of Cr.PC as

there is a bar to entertain any such petition in view of

Sections 18 and 18-A of SC & ST Act.

6. A perusal of the complaint averments goes to

show that originally the complainant belong to 'Pariya'

caste which comes under Scheduled Caste in Tamilnadu.

It is alleged that the ancestors of the appellant were

Christians and after conversion, knowing fully well that

they do not belong to scheduled caste, obtained a false

caste certificate. Admittedly now the order dated

22.12.2021 passed by the District Caste Verification

Committee annulling the caste certificate of the appellant

is under challenge before this Court in

W.P.No.10719/2022.

7. According to the complaint itself the appellant

belongs to 'Pariya' caste which comes under the

scheduled caste in Tamilnadu. Whether the appellant has

willfully obtained the case certificate by suppressing the

material fact is a matter which has to be established in

due course. In that view of the matter, it cannot be said

that there is a prima-facie case against the appellant at

this stage. Prosecution has to establish its case in a full

fledged trial. Hence the following:

ORDER

The criminal appeal is allowed.

The order dated 08.04.2022 passed by LXX

Additional City Civil and Sessions Judge and Special Judge

at Bengaluru (CCH.No.71) in Crl.Misc.No.2941/2022 is

hereby set aside.

The appellant - Accused shall be enlarged on bail in

the event of his arrest in Crime No.41/2022 of

Halasurgate Police Station, Bangalore City, registered for

offences punishable under Sections 177, 181, 196, 198,

420 of IPC and under Section 3(1)(q) of the Scheduled

Castes & Scheduled Tribes (Prevention of Atrocities) Act,

1989, subject to following conditions:

(i) Appellant shall appear before the Investigation Officer within a period of ten days from the date of receipt of a copy of this order and shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh only)

with a surety for like sum and shall cooperate with the investigation of the case.