Sri. Hemantha Ravi. T vs The State Of Karnataka
2023 Latest Caselaw 3669 Kant

Citation : 2023 Latest Caselaw 3669 Kant
Judgement Date : 26 June, 2023

Karnataka High Court

Sri. Hemantha Ravi. T vs The State Of Karnataka on 26 June, 2023

Bench: G.Narendar, C.M. Poonacha

                                            -1-
                                                  NC: 2023:KHC:21964-DB
                                                      WP No. 10929 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 26TH DAY OF JUNE, 2023

                                         PRESENT
                          THE HON'BLE MR JUSTICE G.NARENDAR
                                           AND
                          THE HON'BLE MR JUSTICE C.M. POONACHA
                        WRIT PETITION NO. 10929 OF 2023 (S-KSAT)


                   BETWEEN:

                        SRI. HEMANTHA RAVI. T
                        S/O THAMMAIAH T.
                        AGED ABOUT 37 YEARS,
                        R/AT AREKADAKALU VILLAGE,
                        THATTEKERE POST,
                        MARAIAWADI HOBLI,
                        KANAKAPURA TALUK,
Digitally signed        RAMANAGARA DISTRICT-562112.
by NANDINI D                                                 ...PETITIONER
Location: High     (BY SRI. VIJAYA KUMAR., ADVOCATE)
Court of
Karnataka
                   AND:

                   1.   THE STATE OF KARNATAKA
                        REP BY ITS ADDITIONAL CHIEF SECRETARY,
                        HOME DEPARTMENT,
                        VIDHANA SOUDHA,
                        BENGALURU-560001.

                   2.   THE DIRECTOR GENERAL AND
                        INSPECTOR GENERAL OF POLICE
                        POLICE HEAD QUARTERS,
                           -2-
                                NC: 2023:KHC:21964-DB
                                    WP No. 10929 of 2023




     NRUPATHUNGA ROAD,
     BENGALURU-560001.

3.   THE SUPERINTENDENT OF POLICE
     RAMANAGARA DISTRICT,
     RAMANAGARA-562159.

4.   THE CIRCLE INSPECTOR,
     AROHALLI CIRCLE,
     RAMANAGARA DISTRICT,
     RAMANAGARA-562159.

5.   THE INSPECTOR OF POLICE
     D.S.B. RAMANAGARA DISTRICT,
     RAMANAGARA-562159.

6.   THE SUB-INSPECTOR OF POLICE
     AROHALLI POLICE STATION,
     RAMANAGARA-562159.
                                        ...RESPONDENTS
(BY SMT SHILPA S GOGI, AGA)

     THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DATED 31/08/2021 PASSED BY THE KARNATAKA
SATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN
APPLICATION NO.253/2021 VIDE ANNEXURE-A AND
ALLOW THE APPLICATION AS PRAYED FOR AND ETC.

    THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, G. NARENDAR J., MADE THE
FOLLOWING:
                        ORDER

1. Heard learned counsel for the Petitioner and

learned AGA.

NC: 2023:KHC:21964-DB WP No. 10929 of 2023

2. The allegations against the Petitioner are the

ground for rejecting candidature of Petitioner is that he

has suppressed his involvement in the commission of

offences and registration of FIR for offence punishable

under Sections 306, 504, 506 and 34 of IPC. The

impugned communication dated 11.11.2020 is produced

as Annexure-A22 before the Tribunal and the same reads

as under:

"-: DzÉÃ±À :-

¸ÀASÉÊ: 66/¹§âA¢(1)/£ÉÃ./2019-20 ¢£ÁAPÀ: 11.11.2020 N.©. ¸ÀASÉå: 314/2020 ¥Àæ¸ÁÛªÀ£ÉAiÀÄ°è «ªÀj¸À¯ÁzÀAvÉ, ²æÃ ºÉÃªÀÄAvï gÀ«. n. ©£ï vÀªÀÄäAiÀÄå, Cfð ¸ÀASÉå:2000634. CgÉPÀqÀPÀ®Ä UÁæªÀÄ PÀ£ÀPÀ¥ÀÄgÀ vÁ., gÁªÀÄ£ÀUÀgÀ f¯Éè EªÀgÀ «gÀÄzÀÞ ¥Àæ¸ÀÄÛvÀ Qæ«Ä£À¯ï ¥ÀæPÀgÀt ¨ÁQ¬ÄzÀÄÝ, C£ÀºÀðvÉAiÀÄ DzsÁgÀzÀ ªÉÄÃ¯É £ÁUÀjÃPÀ ¥ÉÆÃ°¸ï PÁ£ïìmÉÃ§¯ï - 2019gÀ ºÀÄzÉÝUÉ f-JA-ªÀiÁf ¸ÉÊ¤PÀ «ÄÃ¸À¯ÁwAiÀÄr vÁvÁÌ°PÀªÁV DAiÉÄÌ ªÀiÁr ¥ÀæPÀn¸À¯ÁVzÀÝ DAiÉÄÌAiÀÄ£ÀÄß vÀPÀët¢AzÀ eÁjUÉ §gÀÄªÀAvÉ gÀzÀÄÝ¥Àr¸À¯ÁVzÉ."

3. On a reading of the above, prima-facie, the

findings appeared to be in the teeth of the facts prevailing

NC: 2023:KHC:21964-DB WP No. 10929 of 2023

in the petition. Having heard both the counsel for the

Petitioner and the learned AGA, we are of the considered

opinion that the instant Writ Petition could be disposed of

on a short point and matter be remitted back to the

respondent for reconsideration in the light of the

observations made by this Court.

4. With the consent of the learned counsels,

though listed for preliminary hearing, is taken up for

disposal.

5. It is the case of the petitioner that he demitted

office from Indian Army as a Havildar and was infact a

member of Elite Specialist Unit known as 'Black Cats

Commandos' and has also produced a certificate certifying

his proficiency in association with the Support Weapon

Squadron, National Security Guard, Ministry of Home

Affairs, Government of India and that in pursuance to the

notification inviting application to the post of Civil Police

Constables on 10.10.2019, the Petitioner submitted his

NC: 2023:KHC:21964-DB WP No. 10929 of 2023

application on 06.11.2019 asserting his candidature under

'Ex-service Man' quota.

6. That the fact remains that about eight months

thereafter on 02.07.2020 on the complaint of a third party

by name Smt.Yashodamma, the petitioner came to be

named in the FIR for the suicidal death of the husband of

the said Smt.Yashodamma one Sri. Shivanna and FIR

came to be registered for the offence punishable under

Sections 306, 504 and 506 read with Section 34 of IPC.

7. That in the interregnum, the petitioner having

completed the process of selection, by representation

intimated respondent No.2 on 17.08.2020, about the

inclusion of his name in the FIR. That the Final Select List,

including his name, came to be published on 18.08.2020

and the impugned proceedings holding him ineligible came

to be issued on 11.11.2020. The fact also remains that

subsequently the petitioner came to be acquitted on

16.04.2022.

NC: 2023:KHC:21964-DB WP No. 10929 of 2023

8. From the above recital, it is apparent that no

criminal case was pending against the petitioner on the

date of this Notification and the said criminal case came to

be registered much thereafter. The fact remains that the

petitioner has also been acquitted honorably of the

charges leveled against him. That apart, the crime alleged

is one of provoking suicide and the petitioner has been

arrayed as accused No.3 therein.

9. We have also perused the judgment of the Trial

Court and the allegation is that the deceased and his

father were working in the land. Accused Nos.1 to 4,

including this petitioner, who is arrayed as accused No.3

went to the land with a JCB and told them to immediately

leave the land, failing which, they would be buried in the

land and it is alleged that the said Sri. Shivanna being

traumatized by this act of the accused is said to have gone

and consumed poison. There is not even a whisper that

the person who committed suicide was even physically

NC: 2023:KHC:21964-DB WP No. 10929 of 2023

assaulted or was in any other manner by this accused or

by other acts also.

10. In that view of the matter and in view of the

excellence and merit acquired by the petitioner during his

service in the Indian Army, we deem it appropriate that

the matter requires reconsideration. Hence, the following:-

ORDER

i) The writ petition is allowed.



     ii)    The   order      of     the    Karnataka    State
            Administrative        Tribunal,    Bengaluru,   in
            Application           No.253/2021           dated

31.08.2021 is set-aside. Consequently, the order 11.11.2020 passed by respondent No.3 is set-aside.

iii) The endorsement dated 18.08.2022 issued by respondent No.4 at Annexure-F is also quashed.

iv) The matter is remitted back to respondent Nos.2 and 3 for reconsideration in the light of the observations made hereinabove.

NC: 2023:KHC:21964-DB WP No. 10929 of 2023

v) Respondents shall expedite the process of reconsideration and at any rate, complete the exercise within a period of two months from the date of receipt of a certified copy of this order.