Atmanand S/O Sangappa vs The State Of Karnataka And Anr
2023 Latest Caselaw 2566 Kant

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                                                         CRL.A No. 200082 of 2023




                    IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

                               DATED THIS THE 24TH DAY OF MAY, 2023

                                                BEFORE
                        THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                                CRIMINAL APPEAL NO. 200082 OF 2023
                   BETWEEN:

                   1.    ATMANAND S/O SANGAPPA DODDAMANI,
                         AGE: 39 YEARS, OCC: AGRICULTURE,
                         R/O. AHERI, TQ. & DIST. VIJAYAPURA - 586 112.

                                                                         ...APPELLANT

                   (BY SRI. ISHWARAJ S. CHOWDAPUR, ADVOCATE)

                   AND:

                   1.    THE STATE OF KARNATAKA,
                         THROUGH INDI P.S.,
                         REPRESENTED BY
                         ADDL. STATE PUBLIC PROSECUTOR,
                         HIGH COURT OF KARNATAKA,
                         KALABURAGI BENCH.
Digitally signed   2.    MAHADEV S/O GENU BOSALE,
by LUCYGRACE
Location: High
Court of
                         AGE: 31 YEARS, OCC: PSI (DCRE),
Karnataka                R/O. DIRECTORATE OF CIVIL
                         RIGHTS ENFORCEMENT,
                         VIJAYAPURA - 586 101.

                                                                  ...RESPONDENTS

                   (BY SRI GURURAJ V. HASILKAR, HCGIP FOR R1;
                   NOTICE TO R2 IS SERVED)
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                                     CRL.A No. 200082 of 2023




     THIS CRL.A IS FILED U/SEC. 14(A) OF SC/ST (PA) ACT,
BY THE ADVOCATE FOR THE APPELLANT, PRAYING TO
DIRECT THE I.O. TO RELEASE THE APPELLANT ON BAIL IN
THE EVENT OF HIS ARREST IN CR.NO.01/2023 OF INDI P.S.,
FOR THE OFFENCES U/S 196, 198, 420, 109 R/W 34 OF IPC
AND U/S 3(1)(q) OF SC/ST P.A. ACT AND U/S 5(A) AND 5(B) OF
BACKWARD CLASSES (APPOINTMENT, ETC.) ACT, 1990,
PENDING BEFORE II ADDL. DIST. AND SESSIONS JUDGE AND
SPECIAL JUDGE AT VIJAYAPURA.

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

                          JUDGMENT

The caste certificate issued to the appellant-accused No.1

certifying that he belongs to Talwar community was annulled by

the District Caste Verification Committee under the provisions

of Karnataka Scheduled Castes & Scheduled Tribes and Other

Backward Classes (Reservation of Appointment, Etc.,) Act,

1990. Thereafter, the second respondent lodged the complaint

for the offences punishable under Sections 196, 198, 420, 109

R/w Section 34 of IPC, Section 3(1)(q) of the SC & ST

(Prevention of Atrocities) Amendment Act, 2015 and Sections

5(A) & 5(B) of the Karnataka SC & ST and Other Backward

Classes (Reservation of Appointment, Etc.,) Act, 1990.

CRL.A No. 200082 of 2023

Apprehending the arrest, the appellant has filed this appeal

under Section 14(A) of SC/ST (PA) Act.

2. Heard the learned counsel for the appellant and

learned High Court Government Pleader for respondent No.1-

State.

3. In identical circumstances, the Co-ordinate Bench of

this Court in Criminal Appeal No.200181/2022 disposed of on

06.12.2022 has enlarged the accused therein on bail in the

event of his arrest by observing as follows:

"8. It is not in dispute that the DCVC has annulled the caste certificate issued to the appellant and subsequently the Tahasildar has cancelled his caste certificate. However, the prosecution has to establish that the appellant has intentionally obtained the caste certificate by suppressing the true material fact at the time of filing the application before the Tahsildar. It is contended by the appellant's counsel that only after verifying the documents by the concerned revenue officials, the caste certificates will be issued. Admittedly, FIR was registered against the Tahsildar, the revenue inspector as well as the Village Accountant of the concerned taluk. Their names were dropped while filing the charge-sheet.'

CRL.A No. 200082 of 2023

4. In view of the above, the appellant has made out a

prima facie case to enlarge him on bail in the event of his

arrest. Accordingly, I pass the following:

ORDER

The criminal appeal is allowed and the Investigating

Officer is hereby directed to enlarge the appellant-accused No.1

on bail, in the event of his arrest in Crime No.01/2023

registered by the Indi Police Station, for the offences

punishable under Sections 196, 198, 420, 109 R/w Section 34

of IPC, Section 3(1)(q) of the SC & ST (Prevention of Atrocities)

Amendment Act, 2015 and Sections 5(A) & 5(B) of the

Karnataka SC & ST and Other Backward Classes (Reservation of

Appointment, etc.,) Act, 1990, pending on the file of II Addl.

Dist. and Sessions Judge and Special Judge at Vijayapur,

subject to the following conditions:

i) Appellant is ordered to be enlarged on bail by furnishing a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer;

CRL.A No. 200082 of 2023

ii) He shall co-operate with the Investigating Officer for the purpose of investigation;

iii) He shall not threaten the prosecution witnesses or lure in any manner;

iv) He shall not leave the territorial limits without prior permission of the Investigating Officer;

v) He shall not tamper with the prosecution evidence directly or indirectly;

vi) He shall mark his attendance on first Sunday of every month between 10.00 a.m. and 5.00 p.m. before the Investigating Officer till the investigation is completed.

Sd/-

JUDGE

LG