Karnataka High Court
State Of Karnataka vs Parashuram Yallappa Doddamani on 17 June, 2025
1 CRL.A.NO.100271/2015
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 17TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.100271/2015
BETWEEN:
STATE OF KARNATAKA
REPRESENTED BY THE
SHIGGAON POLICE STATION
SHIGGAON
THROUGH THE ADDITIONAL
ADVOCATE GENERAL OFFICE
HIGH COURT OF KARNATAKA
DHARWAD BENCH
...APPELLANT
(BY SRI. ABHISHEK MALIPATIL, HCGP)
Digitally signed by
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH COURT AND:
OF KARNATAKA
1. PARASHURAM YALLAPPA DODDAMANI
AGED ABOUT 43 YEARS
2. SMT. BHAGYARATNA
W/O. PARASHURAM DODDAMANI
AGED ABOUT 41 YEARS
3. MOHAN YALLAPPA DODDAMANI
AGED ABOUT 37 YEARS
4. SAVITHA YALLAPPA DODDAMANI
AGED ABOUT 26 YEARS
2 CRL.A.NO.100271/2015
5. YALLAPPA
S/O. BHARAMAPPA MYADAR @ DODDAMANI
AGED ABOUT 78 YEARS
ALL ARE R/O. CHANDAPURA
TALUK SHIGGAON
DISTRICT: HAVERI.
...RESPONDENTS
(BY SRI. AMIRKHAN A. PATHAN, ADVOCATE FOR R-1 TO R-6)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 377 OF
CR.P.C., PRAYING TO CALL FOR RECORDS IN SPL.SC. & ST
NO.23/2009 ON THE FILE OF PRINCIPAL DISTRICT AND
SESSIONS JUDGE, HAVERI AND TO SET ASIDE THE JUDGMENT
AND ORDER DATED 13.08.2015 PASSED BY PRINCIPAL DISTRICT
AND SESSIONS JUDGE, HAVERI IN SPL.SC/ST NO.23/2009, SO
FAR IT RELATES TO IMPOSITION OF LESSER SENTENCE IS
CONCERNED AND IMPOSE ADEQUATE SENTENCE AS PROVIDED
UNDER SECTION 420 OF IPC.
THIS APPEAL HAVING BEEN HEARD AND RESERVED ON
10.12.2024, COMING ON FOR PRONOUNCEMENT OF JUDGMENT
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
CAV JUDGMENT
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)
This appeal filed under Section 377 of the Code of
Criminal Procedure, the State has challenge the impugned
judgment and order of the trial Court, so far as it relates to
imposing punishment less than the minimum punishment
prescribed for the offence punishable under Section 3(1) (ix)
of the Schedule Caste and Schedule Tribe (Prevention of
Atrocities) Act (for short " SC and ST (POA) Act").
2. For the sake of convenience, parties are referred to by
their ranks before the trial Court.
3. Shiggaon police filed a charge sheet against accused
Nos.1 to 6 for the offences punishable under Sections 196, 198,
420, r/w 149 of IPC and Section 3(1)(ix) of SC/ST (POA) Act,
alleging that accused Nos.1 to 6 belongs to Medar caste, which
comes under Category-I. However, with an intention to utilize the
same for securing the benefits available to persons belonging to
schedule caste, they respectively secured caste certificate dated
06.07.2005, 09.08.2005, 07.12.2005, 14.12.2006 and 08.09.2006
from the office of Tahsildar, Shiggaon, as belonging to Hindu
Medha, which comes under schedule caste. In this regard, accused
No.2 contested the election held during 2007 for Shiggaon
Municipality to the post reserved for scheduled caste woman in
division-12 and thereby prevented a woman belonging to schedule
caste from contesting from the said post. Further accused No.5
secured loan of ₹80,000 which is meant for persons belonging to
schedule caste under, Swarna Jayanthi Grama Swarojagara Yojane
and thereby the accused persons have committed the above said
offences.
4. The trial Court framed charge against accused Nos.1 to
6 for the offences punishable under Section 420, r/w 149 of IPC
and Section 3(1)(ix) of SC/ST (POA) Act, r/w 149 of IPC.
5. Accused pleaded not guilty and claimed trial.
6. In order to prove the allegations against the accused,
the prosecution has relied upon the evidence of PWs-1 to 13 and
Exs.P1 to 47.
7. During the course of their statements under Section
313 of Cr.P.C, accused have denied the incriminating evidence
led by the prosecution.
8. Accused have not led any oral or documentary evidence
on their behalf.
9. Vide judgment on dated 12.08.2015, the trial Court
convicted accused and sentenced them to pay fine ₹1,000/- each
and undergo imprisonment till the rising of the Court for the
offences punishable under Section 420, read with 149 IPC and
Section 3(1)(ix) of SC & ST (POA) Act, r/w 149 of IPC.
10. Accused have not challenged their conviction and
sentence.
11. However, State has come up with this appeal
contending that after coming to a definite conclusion that the
prosecution has proved its case beyond reasonable doubt, the trial
Court committed error in not imposing punishment adequately. It
is illegal and improper. The evidence placed on record clearly
establish that the accused have secured false certificate as
belonging to schedule caste and the same is cancelled by the
Tahsildar as per Ex.P21. Admittedly, the accused have not
challenged the same and it has reached finality. Thereby, the
prosecution has proved that the accused have secured illegal
benefit by obtaining false caste certificate and thereby deprived
the genuine persons belonging to schedule caste from availing the
said benefit. The punishment prescribed for the offence under
Section 3(1) is imprisonment for a term which shall not be less
than six months, but which may extend to 5 years and with fine.
In view of the same, the trial Court has erred in sentencing
accused Nos.1 to 6 to undergo imprisonment till the rising of the
Court. The punishment imposed for the offence under Section 420
of IPC is also on the lower side, especially when accused had
caused loss to the exchequer by securing loan of ₹80,000/- and
other benefits. Viewed from any angle, the impugned order
imposing inadequate punishment is not sustainable and hence the
appeal.
12. On the other hand, learned counsel appearing for
accused Nos.1 to 6 supported the order imposing punishment
for a period less than the minimum prescribed and sought for
dismissal of the appeal.
13. Heard arguments and perused the record.
14. It is the specific case of the prosecution that accused
Nos.1 to 6 belong to Medar community, which comes under
category-I, but they secured caste certificate as belonging to
Hindu Medha, which comes under schedule caste, with an
intention to secure benefits available to the person belonging to
schedule caste and thereby deprived the genuine contender from
taking the said benefit. So far as accused No.2 is concerned during
2007, she contested election from Division-12 for the Town
Municipal election for the post which was reserved for schedule
caste woman. Further accused No.6 secured loan of ₹80,000/-
from the Karnataka Vikas Grameen Bank, Konankeri of Shiggaon
Taluk Panchayath, which was meant for persons belonging to
schedule caste and thereby not only deprived the genuine person
from taking the said loan but also cheated the Government.
15. At the outset, it is relevant to note that accused
Nos.1, 3, 4 and 6 are the children of accused No.5 Yallappa
Baramappa Myadar Alias Doddamani. Accused No.2 is the wife of
accused No.1.
16. At the relevant point of time, PW-1 B Anjaneya Shetty
was working as Tahsildar, Shiggaon. His evidence reveal that on
18.07.2007, the members belonging to Valmiki Hithasakti Sangha,
held a protest in front of his office alleging that the accused
persons have secured false caste certificate as belonging to
schedule caste, though they come under Category-I. After the said
protest, he verified the office records and filed complaint as per
Ex.P1. He has stated that in the school records, the caste of
accused persons are noted as Medar (ªÉÄÃzÁgÀ). They have removed
the word alphabet 'gÀ' and made it Medha (ªÉÄÃzÀ) and on that basis
secured false caste certificate as per Ex.P2 to 7. The previous
Tahsildar had issued the caste certificate based on the documents
furnished by the accused persons.
17. PW-1 has deposed that he has furnished the records
after certifying them. Ex.P8 to 13 are the original applications
given by the accused persons, wherein they have shown their
caste as Medha (ªÉÄÃzÀ). Ex.P14 is the covering letter through which
PW-1 has furnished documents to the investigating officer. Ex.P15
is the letter written to the investigating officer by him stating that
the accused No.1 owning agricultural land and also engaged in
preparing bamboo baskets and other articles. He belongs to Medar
(ªÉÄÃzÁgÀ) community and follow the religious rituals of Lingavantha.
In the records, their caste is noted as Medar (ªÉÄÃzÁgÀ). Ex.P16 is
the letter issued by PW-1 stating that accused persons belong
Medar (ªÉÄÃzÁgÀ) community which comes under Category-I.
Similarly, the evidence of PW-1 prove the fact that Ex.P18 to 20
are the school documents of accused No.6. Though in the school
records, his caste is noted as Medar (ªÉÄÃzÁgÀ), he has secured false
caste certificate claiming to be belonging to Hindu Medha (»AzÀÄ
ªÉÃzÀ).
18. Ex.P8 to 13 are the applications given by the accused for
securing caste certificate, Ex.P2 to 7 are the certificates issued to
them. Ex.P14 is the report regarding accused No.2 having
contested election for the post reserved for schedule caste
candidate. Ex.P15 is the report dated 05.12.2008 issued by the
Tahsildar. Ex.P16 is the report dated 29.12.2008 issued by the
Tahsildar, Shiggaon regarding the caste of accused persons.
Ex.P21 is the order passed by the Tahsildar cancelling the caste
certificate of the accused persons.
19. PW-4 Eshwargowda Gurunagowdra is the headmaster
of primary school, Chandapura. He has issued the caste certificate
of accused No.1 Parshuram as per Ex.P8, accused No.3 Mohan as
per Ex.P23, accused No.4 Savita as per Ex.P24 and accused No.6
Kumar as per Ex.P20. Similarly, PW-5 Mallappa Channagiri is the
Headmaster of Government High School, Chandapura. He has
issued the transfer certificate of accused No.1 as per Ex.P25, and
Ex.P26 and 27 are the Caste certificates of relatives of accused
No.1 by name Ganesha Doddamani and Honnappa Doddamani.
20. PW-6 Ramesh Savanur has produced the caste
certificate of accused No.5 as per Ex.P29. Similarly, PW-7
Shivanand S Kotagi, working as officer in Karnataka Vikas
Grameena Bank has produced the documents pertaining to
accused No.5 Yallappa Bharamappa Medar, which he had produced
while securing loan of ₹80,000/- under Swarna Jayanthi Grama
Swarojagara Yojane meant for the members belonging to SC and
ST community. PW-8 R Malatesh has produced the records
pertaining accused No.5 regarding the benefits received by him as
per Ex.P32.
21. Though during their cross-examination, PWs-7 and 8
have admitted that the said loan is available even to other caste
persons, PW-8 has specifically deposed that for persons belonging
to SC and ST 50% subsidy is available. Similarly, the evidence of
PW-9 Nagesh P, who is working as Deputy Director, Office of
Commissioner, Social Welfare Department establish the fact that
the accused persons does not belong to schedule caste and he has
issued letter as per Ex.P33. Similarly, PW-10 Prasanna H, is
working as additional Deputy Commissioner, Uttara Kannada
District. At the request of the Tahasildar, he has issued Exs.P34
and 35 which are the letters addressed to the investigating officer
and Deputy Commissioner of Haveri regarding the intimation
received by the Tahsildar to the effect that the caste certificate of
accused are cancelled and that they belongs to Medar caste.
22. PW-12, Prashant Nayak has conducted initial
investigation by registering the case. He has visited the spot and
drawn the Mahazar. He has collected Ex.P2 to 8. Accused have
secured anticipatory bail and appeared before him and he has
released them on bail. PW-11 Ramappa Bajammannavar has
conducted further investigation. He has collected Exs.P15, 16, 36.
He has recorded statements of CWs-4 to 7 and handed over
further investigation to PW-13. The evidence of PW-13, who is the
investigating officer and who has conducted further investigation
and filed a charge sheet reveals that in the school records of
accused No.5 Yallappa, his caste is noted as Hindu Medar.
Similarly, the caste certificate of Balappa and Gangadhar, who are
relatives of accused No.5 reveal that they belong to Hindu Medar.
After conducting detailed investigation, it was found that the
accused persons belong to Hindu Medar, which comes under
Category-I. For the purpose of securing the benefits meant for
people belonging to Medha, which comes under schedule caste,
the accused persons have secured false caste certificate. Utilizing
the same, accused No.2 has contested the election from Division-
12 of municipality for the post, which is reserved for schedule
caste candidate. Similarly, using the false case certificate, accused
No.5 has availed loan of ₹80,000/- under Swarna Jayanthi Grama
Swarojagara Yojane from Karnataka Vikas Grameena Bank
Konankeri, which is meant for persons belonging to schedule caste
and for which 50% subsidy was available.
23. The cross-examination of prosecution witnesses clearly
indicates that the accused have not taken any specific defence.
Except suggesting that for ascertaining the caste of any person,
specified procedure is available and required to be followed. After
their caste certificate was cancelled by PW-1, the accused have
not challenged the same claiming that they belong to Medha caste
which comes under schedule caste. The evidence placed on record
by the prosecution establish that even though accused persons
belongs to Hindu Medar caste, which comes under Category-I,
they have taken false caste certificate as belonging to Medha,
which comes under schedule caste with the intention of securing
the benefits available for the persons belonging to the said caste.
24. In fact, accused No.2 has used the false certificate for
contesting election to the Shiggaon Municipal Council for the post
reserved for schedule caste. Accused No.5 has availed loan under
Swarna Jayanthi Grama Swarojagara Yojane claiming to be person
belonging to schedule caste. Though the said loan is also available
to others, for people belonging to Schedule Caste and Schedule
Tribe 50% subsidy available. The trial Court on meticulous
examination of the entire evidence placed on record rightly held
that accused have committed the offence punishable under
Section 420 of IPC and Section 3(1)(ix) of SC/ST (POA) Act.
25. In fact, the accused have not challenged the judgment
and order passed by the trial Court.
26. However, the grievance of the State is that while
imposing the punishment for the offence under Section 3(1)(ix) of
SC/ST (POA) Act., the trial Court has erred in not imposing
minimum sentence. It is pertinent to note that for both offences
punishable under Section 420 of IPC and Section 3(1)(ix) of SC/ST
(POA) Act, the trial Court has sentenced the accused to undergo
imprisonment till the rising of the Court and pay fine of ₹1,000/-
each.
27. The punishment prescribed for the offence under
Section 420 IPC is imprisonment of either description for a term
which may extend to seven years and also be liable to fine.
Therefore, discretion is given to the Court in the matter of
imposing punishment for this offence. However, the punishment
prescribed for the offence under Section 3(1) (ix) is imprisonment
for a term which shall not be less than six months, but which may
extend to five years and with fine. In other words minimum
punishment is prescribed for this offence. In fact in State of
Madhya Pradesh Vs. Vikram Das (Vikram Das)1 and Patan Jamal
Vali Vs. State of Andhra Pradesh (Patan Jamal)2, the Hon'ble
Supreme Court held that when statute prescribes minimum
sentence, no discretion is left with the Courts to reduce the
sentence below minimum. In the light of the same, the trial Court
has erred in reducing the sentence below minimum, by directing
the accused to undergo imprisonment till the rising of the Court. It
(2019) 4 SCC 125
AIR 2021 SC 2190
is contrary to the statute and impermissible. Therefore, the order
of the trial Court so far as the punishment is concerned is liable to
be interfered with and accordingly, the following:
ORDER
(i) Appeal filed by the appellant/State under
Section 377 of Cr.P.C is allowed.
(ii) The impugned order imposing sentence of
imprisonment till the rising of the Court is
modified and accused Nos.1 to 6 are
sentenced to undergo simple imprisonment
for six months for the offence punishable
under Section 3(1)(ix) of SC/ST (POA) Act
r/w Section 149 of IPC.
(iii) The rest of the impugned judgment and
order are confirmed.
(iv) The trial Court is directed to take steps to
execute the sentence against accused
Nos.1 to 6.
(v) The Registry is directed to send a copy of
this judgment to the trial Court through e-
mail.
(vi) The Registry is directed to send back the
trial Court records along with copy of this
judgment forthwith.
Sd/-
(J.M.KHAZI)
JUDGE
ASN/RR
