- 1 - NC: 2025:KHC-D:125 CRL.RP No. 100121 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V.HOSMANI CRL.R.P.NO.100121 OF 2023 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI MADHAV MAHESWARAPPA BARAKER AGE: 37 YEARS, OCC. NIL, R/O. KURAHATTI PETE, BETAGERI GADAG, TQ. DIST. GADAG-582101. … PETITIONER (BY SRI ARAVIND D. KULKARNI, ADVOCATE) AND: STATE OF KARNATAKA THROUGH CITY POLICE STATION, GADAG, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH. … RESPONDENT (BY SRI JAIRAM SIDDI, HCGP) THIS CRIMINAL REVISION PETITION IS FILED U/SEC 397 R/W 401 OF CR.P.C. PRAYING TO CALL FOR THE RECORDS AND TO SET ASIDE THE ORDER DATED 01.02.2023 PASED BY THE ADDL. DISTRICT AND SESSIONS JUDGE, GADAG IN SC/ST NO.18/2021 ON APPLICATION SEEKING DISCHARGE FOR THE PETITIONER IN CRIME NO. 83/2020 FOR THE OFFENCES P/U/SEC. 196, 198, 420 OF IPC AND SEC. 3(1)(Q) OF SC/ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 AND SEC. 5(A) OF KARNATAKA SC/ST AND OTHER B.C. (RESERVATION OF APPOINTMENT ACT) 1990 CONSEQUENTLY ALLOW THE APPLICATION AND DISCHARGE THE PETITIONER HEREIN FROM THE ABOVE SAID OFFENCES. IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE RAVI V.HOSMANI MANJANNA E Digitally signed by MANJANNA E Date: 2025.01.09 14:18:58 +0530 - 2 - NC: 2025:KHC-D:125 CRL.RP No. 100121 of 2023 ORAL ORDER Challenging order dated 01.02.2023 passed by Additional District and Sessions Judge, Gadag in SC/ST no.18/2021 rejecting application for discharge filed under Section 227 of Code of Criminal Procedure, 1973, this revision petition is filed. 2. Sri Aravind D. Kulkarni, learned counsel for petitioner submitted, on a complaint by Police Inspector, Directorate of Civil Rights Enforcement alleging that petitioner though belonging to Koli Mahadev caste falling under category- I had submitted caste certificate obtained from Tahasildar, Gadag that he belongs to Hindu Tokare Koli falling under Schedule Tribe and on basis of same obtained job in NWKRTC as Technical Assistant and thereby committed offences punishable under Sections 196, 198, 420 of Indian Penal Code (“IPC” for short), Section 3(1)(q) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (‘SC/ST Amended Act, 2015’ for short) etc. Crime no.83/2020 was registered by Police Sub-Inspector, Gadag Town Police Station, Gadag. - 3 - NC: 2025:KHC-D:125 CRL.RP No. 100121 of 2023 3. It was submitted, on investigation charge sheet was filed for said offences. It was submitted, since petitioner had not committed any offences and there was no prima facie material against petitioner, he had filed application for discharge under Section 227 of Cr.P.C. 4. Application was opposed by respondent. Though along with charge sheet, respondent had produced Transfer Certificate issued by Sri C.S.Patil, Kannada Higher Primary School, Gadag-Betageri and extract of school admission register showing his caste as Hindu Tokare Koli and based on same, he had obtained caste certificate without any corrupt or intentional or dishonest motive, trial Court without proper consideration rejected application. It was submitted, rejection of application was unsustainable and contrary to law laid down by this Court in Crl.R.P.no.989/2012 and connected matter, disposed of on 11.01.2022 and in Crl.R.P.No.8857/2018 disposed of on 19.04.2022. Therefore prayed for allowing petition and setting aside impugned order by allowing application for discharge. - 4 - NC: 2025:KHC-D:125 CRL.RP No. 100121 of 2023 5. Sri Jairam Siddi, learned High Court Government Pleader on other hand sought to oppose petition. 6. It was submitted admittedly petitioner had obtained caste certificate on ground that he belongs to Hindu Tokare Koli even though he belonged to Koli Mahadev caste. On basis of said caste certificate, petitioner had obtained employment with NWKRTC. Upon realizing same, authority had cancelled caste certificate and petitioner was also dismissed from service. Same would constitute prima facie material for proceeding against petitioner. Therefore rejection of application could not be faulted with and dismissal of petition. 7. Heard learned counsel, perused the impugned order and record. 8. From above, point that arises for consideration is: Whether order rejecting application for discharge, calls for interference by this Court? 9. Same is answered in affirmative for following reasons. - 5 - NC: 2025:KHC-D:125 CRL.RP No. 100121 of 2023 10. It is not in dispute that caste of petitioner was shown as Tokare Koli in his school records and based on same, he had obtained caste certificate, applied for employment and secured same with NWKRTC. Though, on verification, his caste came to be determined as Koli Mahadev falling under category- I and certificate showing his caste as Tokare Koli falling under Schedule Tribe came to be cancelled and his employment with NWKRTC terminated, main question that would require consideration is, whether there is prima facie material to substantiate charges. 11. It is seen provisions of Sections 196, 198 and 420 of IPC, Section 3(1)(q) of SC/ST Amended Act, 2015 specifically stipulate ‘corrupt intention’ or ‘dishonest motive’ or ‘false or frivolous information’ in order to constitute offence. 12. This Court in case of Smt.Savithri in Crl.R.P.No.8857/2018 has held, where a Brahmin girl married a person belonging to Nayak caste falling under Schedule Tribe and assuming caste of her husband would enure to her as per ratio in N.E.Horo Vs. Jahanara Jaipal Sing’s reported in (1972) 1 SCC 771, applied for caste certificate and obtained - 6 - NC: 2025:KHC-D:125 CRL.RP No. 100121 of 2023 same as belonging to Schedule Tribe and applied and obtained job as SDA in Commercial Tax Department. On verification that she belong to Brahmin caste, caste certificate came to be cancelled and her employment terminated by applying later clarification of law by Hon’ble Supreme Court in Kumari Madhuri Patil and another Vs. Additional Commissioner, Tribal Development and others reported in 1994 (6) SCC 241. 13. This Court took note of fact that petitioner therein had believed that her caste would be that of her husband basing on ratio in N.E.Horo’s case and obtained caste certificate on such basis. Therefore there was no criminal intention to cheat any person belonging Schedule Caste or Schedule Tribe. 14. In instant case, as contended by learned counsel for petitioner even before trial Court, entry in school records was not at instance of petitioner, but his parents and he had applied for obtaining caste certificate bonafide basing on same. In view of fact that there is apparent absence of corrupt intention or dishonest motive, which would be basic requirement to substantiate offences, petitioner would be entitled for - 7 - NC: 2025:KHC-D:125 CRL.RP No. 100121 of 2023 discharge. Rejection of application by trial Court would therefore be contrary to law. 15. Hence, revision petition is allowed. Order dated 01.02.2023 passed by Additional District and Sessions Judge, Gadag on application filed under Section 227 of Cr.P.C., in SC/ST no.18/2021 is set aside. Application filed under Section 227 of Cr.P.C., is allowed. Consequently, petitioner is discharged of offences punishable under Sections 196, 198, 420 of IPC, Section 3(1)(q) of SC/ST Amended Act, 2015 and Section 5(A) of the Karnataka Schedule Castes Schedule Tribes and other Backward Classes (Reservation of Appointment) Act, 1990. SD/- (RAVI V.HOSMANI) JUDGE EM CT:PA LIST NO.: 1 SL NO.: 39