Allowed

Sri Bhaskar v. State of Karnataka

Karnataka HC6 Nov 2024WP/13418/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the writ petition and quashed Crime No. 113/2023, holding that prosecution under Section 5-B of the Karnataka Scheduled Castes and Tribes Act requires state sanction, and Section 3(1)(q) of the Atrocities Act does not apply as petitioners acted on applicant-provided information.

What did the court decide?

The crime No.113/2023 pending before the 2nd Additional District and Sessions Judge, Kolar, stands quashed.

Sri Bhaskar Vs State of Karnataka — Caste Atrocities | Karnataka HC (2024)

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1 - NC: 2024:KHC:44655 WP No. 13418 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13418 OF 2024 (GM-RES)

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BETWEEN:

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SRI BHASKAR S/O RAMAIAH M., AGED ABOUT 59 YEARS R/AT MUNESHWARA NAGARA KOLAR TOWN AND TALUK KOLAR DISTRICT – 563 101.

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…PETITIONER

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(BY SRI CHETHAN A., ADVOCATE)

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AND:

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STATE OF KARNATAKA

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BY BANGARPET POLICE STATION REPRESENTED BY SPP

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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HIGH COURT BUILDING BENGALURU – 01.

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SUPERINTENDENT OF POLICE DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT, OFF AT NO.1 FIRST FLOOR D.T.E BUILDING

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PALACE ROAD, BENGALURU – 560 001.

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POLICE INSPECTOR OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE DIRECTORATE OF CIVIL

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NC: 2024:KHC:44655 WP No. 13418 of 2024

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RIGHTS ENFORCEMENT KOLAR UNIT DISTRICT ADMINISTRATION BUILDING KOLAR – 563 101.

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…RESPONDENTS

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(BY SRI RANGASWAMY R., HCGP FOR R1; SRI C. JAGADEESH, ADVOCATE FOR R2)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CR.P.C PRAYING TO A) QUASH ALL FURTHER INVESTIGATION, COMPLAINT AND REGISTRATION OF FIR AGAINST THE PETITIONER IN CRIME NO. 113/2023 OF BANGARPET POLICE STATION FOR OFFENCES PUNISHABLE UNDER SECTION 198, 420, 467, 468, 471 OF IPC, SECTION 3(1)(q) OF SC AND ST (PREVENTION OF ATROCITIES) ACT 1989 AND UNDER SECTION 5(a), 5(b) OF KARNATAKA SC/ST AND OTHER B.C. (RESERVATION OF APPOINTMENT ACT), 1990, PENDING BEFORE 2ND ADDL. DISTRICT AND SESSIONS JUDGE, KOLAR.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court calling in question registration of a crime in Crime No.113/2023, pending before the 2^nd Additional District and Sessions Judge, Kolar, for offences punishable under Sections 198, 420, 467, 468 and 471 of the IPC, Section 3(1)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and

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3 - NC: 2024:KHC:44655 WP No. 13418 of 2024

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Sections 5(a) and 5(b) of the Karnataka Scheduled Castes Scheduled Tribes and other Backward Classes (Reservation of Appointment etc.,) Act, 1990.

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Heard Sri Ramesha H.E., learned counsel for petitioner and Smt. Rashmi Patil, learned High Court Government Pleader for respondent No.1.

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Learned counsel for petitioner submits that the issue in the petition is akin to what is decided by a co-ordinate bench of this Court in W.P.No.23834/2022 and connected matters, disposed on 05.03.2024, wherein the co-ordinate bench has examined the issue and offences so alleged against the petitioner therein. While so examining, the co-ordinate bench has held as follows:

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“ The FIRs were lodged against the petitioners, alleging that while they served as Tahasildars, Revenue Inspectors, and Village Accountants, they colluded with the applicants to issue false caste certificates, despite the applicants not belonging to either scheduled caste or scheduled tribe communities. Subsequently, the District Caste Verification Committee revoked the caste certificates issued to the applicants under Section 4-C of the Karnataka SC/ST and Other Backward Classes (Reservation of Appointments, Etc.) Act, 1990 (hereinafter referred to as "the Act, 1990"). Following

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NC: 2024:KHC:44655 WP No. 13418 of 2024

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this, the Superintendent of Police, Directorate of Civil Rights Enforcement, filed the FIR with the jurisdictional police, registering offenses under Sections 5-B of the Act, 1990, and Sections 196, 198, 420, 109 of the Indian Penal Code (IPC), and Section 3(1)(q) of the SC & ST (Prevention of Atrocities) Amendment Act, 2015.

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After hearing arguments of the learned counsel for the parties, it is observed that Section 5-B of the Act, 1990 stipulates penalties for intentionally issuing false caste certificates, with rigorous imprisonment and fines. Section 6 mandates that no prosecution under this Act shall commence without the sanction of the State Government. Furthermore, Section 11 offers protection for actions undertaken in good faith under this Act.

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It is evident that the petitioners, acting as Revenue Inspectors and Village Accountants, only conducted spot inspections and gathered statements from the applicants, their neighbors, and relatives, submitting reports to the Tahsildar. The Tahsildar then issued caste certificates based on these reports and relevant documents.

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Although the FIR alleges collusion between the petitioners and the applicants in obtaining false caste certificates, prosecution under the Act can only proceed with the sanction of the State Government, as per Section 6.

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Rule 7-A of the Karnataka SC/ST and Other Backward Classes (Reservation of Appointments, Etc.) Rules, 1992 addresses prosecution for obtaining false caste certificates. Sub-Clause (2) of this rule empowers the Directorate of Civil Rights Enforcement to prosecute claimants who obtained false caste certificates, not the officers responsible for issuing them. Thus, the petitioners can only be prosecuted under Section 5-B of the Act, 1990, and without the necessary sanction under Section 6, the FIR against them lacks legal authority.

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Furthermore, the allegations against the petitioners lack specific overt acts demonstrating how they colluded with the applicants. Therefore, they can only be prosecuted for issuing falsecertificates under Section 5-B of the Act, 1990.

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5 - NC: 2024:KHC:44655 WP No. 13418 of 2024

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The offense under Section 3(1)(q) of the SC/ST (Prevention of Atrocities) Act is applicable only to individuals who provide false information to public servants, causing them to misuse their lawful powers to harm or annoy members of scheduled castes or scheduled tribes. Since the petitioners acted based on information provided by the applicants, they cannot be charged under this provision. Therefore, continuing the investigation under these circumstances would constitute an abuse of the legal process.”

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Learned counsel for respondent No.2 at this juncture

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would seek liberty to initiate proceedings which is not granted by the co-ordinate bench in the order afore-quoted.

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The aforesaid order passed by this Court would cover the case at hand on all its fours. Therefore, in the light of the order (supra) , the following:

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ORDER

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i. The Writ Petition is allowed.

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ii. The crime No.113/2023 pending before the 2^nd Additional District and Sessions Judge, Kolar, stands quashed.

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Sd/(M.NAGAPRASANNA) JUDGE

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NVJ

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List No.: 1 Sl No.: 38/CT:SS

Sri Bhaskar v. State of Karnataka

Case brief

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Sri Bhaskar v. State of Karnataka

Case brief

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