- 1 - NC: 2025:KHC:8363 WP No. 14377 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA WRIT PETITION NO. 14377 OF 2022 (GM-RES) BETWEEN: SRI. M. PRATAP S/O B C MURTHY AGED ABOUT 29 YEARS, R/AT NO.8, 4TH CROSS, AZADNAGAR, CHAMARAJAPET BENGALURU - 560 018. …PETITIONER (BY SMT. B.V. VIDYULATHA, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH HALASURGATE POLICE STATION, BANGALORE, THROUGH SPP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001 2. SRI. V. BALAJI POLICE INSPECTOR, CIVIL RIGHTS ENFORCEMENT CELL, DCRE BANGALORE HEAD QUARTER, 'F' BLOCK, 2ND FLOOR, CAUVERY BHAVAN, BANGALORE CITY - 560 009 …RESPONDENTS (BY SRI. VENKAT SATHYANARAYAN, HCGP FOR R1 SRI. C. JAGADISH, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH THE FIR LODGED BY THE R-1 AGAINST THE PETITIONER VIDE ANNX-G IN CRIME NO.0043/2022 DTD 23.02.2022 FOR THE OFFENCES PUNISHABLE UNDER SECTION 177, 181, 196, 198, 420 OF IPC, 1860 AND Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:8363 WP No. 14377 of 2022 SECTION 3(1)(Q) OF SC AND ST (PREVENTION OF ATROCITIES) ACT, 1989. THIS W.P., COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner being accused in Crime No.43 of 2022 of Halasurgate Police Station registered for the offences punishable under Sections 177, 181, 196, 198, 420 of IPC and under Section 3(1)(q) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short, 'SC/ST Act'), is seeking to quash the criminal proceedings initiated against him. 2. The brief facts of the case are that, the sister of the petitioner filed the first information against the petitioner contending that he obtained Caste Certificate by making false representation that he belongs to "Kaniyan Caste" which is a Scheduled Tribe. On the basis of the same, the District Caste Verification Committee held an enquiry and cancelled the Caste Certificate obtained by the petitioner as per order dated 22.12.2021. The cancellation of the caste certificate by the District Caste Verification Committee was challenged. Therefore, the complainant has filed the first information against the petitioner alleging that he obtained caste certificate - 3 - NC: 2025:KHC:8363 WP No. 14377 of 2022 proclaiming that he belongs to Kaniyan Caste which is a Scheduled Tribe and thereby committed the offences as stated above. Accordingly FIR in Crime No.43/2022 came to be registered and investigation was undertaken. In the meantime, the petitioner has approached this Court seeking to quash the FIR and the criminal proceedings initiated against him. 3. Heard Smt.B.V.Vidyulatha, learned counsel for the petitioner, Sri Venkat Sathyanarayan, learned High Court Government Pleader for respondent No.1 and Sri C. Jagadish, learned special counsel for respondent No.2. Perused the materials on record. 4. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: "Whether the petitioner has made out any grounds to allow the petition and to quash the criminal proceedings initiated against him?" My answer to the above point is in the 'Affirmative' for the following: - 4 - NC: 2025:KHC:8363 WP No. 14377 of 2022 REASONS 5. It is the specific contention of the complainant that the accused even though he does not belong to Kaniyan Caste (ST), managed to get the Caste Certificate stating that he belongs to such caste and thereby committed the aforementioned offences. On the basis of the complaint lodged by the sister of the petitioner, the District Caste Verification Committee verified the Caste Certificate and passed the order dated 22.12.2021 canceling the Caste Certificate obtained by the petitioner. Admittedly, the said order dated 22.12.2021 as per Annexure-F was challenged by the petitioner before this Court by filing a Writ Petition in W.P.No.13709/2022. As per the order dated 31.01.2023, the Co-ordinate Bench of this Court allowed the said writ petition and quashed the order dated 22.12.2021 passed by the District Caste Verification Committee. The Bank in which the petitioner was serving has been arrayed as respondent No.4 in the said writ petition and it was directed to reinstate the petitioner forthwith. 6. It is stated that the order passed by the learned Single Judge in writ petition No.13709/2022 was challenged by the Bank by preferring Writ Appeal in W.A.No.449/2023. The - 5 - NC: 2025:KHC:8363 WP No. 14377 of 2022 Division Bench of this Court vide order dated 14.06.2023 dismissed the appeal and up-held the order passed by the learned Single Judge. 7. The materials on record disclose that the District Caste Verification Committee once again held an enquiry and issued the Caste Certificate afresh to the effect that the petitioner belongs to 'Kaniyan Caste' (ST), as per its order dated 23.12.2024. The said Caste Certificate is produced as Document No.1 along with Memo dated 18.02.2025. 8. None of these facts are disputed either by the learned High Court Government Pleader or by the learned counsel for respondent No.2. In view of the above, it is clear that even though it is alleged that the petitioner does not belong to Kaniyan Caste, which is a Scheduled Tribe, he managed to obtain the caste certificate, the same was not accepted by the Co-ordinate Bench of this Court which allowed the Writ Petition and quashed the order passed by the District Caste Verification Committee. The Division Bench of this Court has also not interfered with the order passed by the learned Singe Judge. Moreover, the District Caste Verification Committee - 6 - NC: 2025:KHC:8363 WP No. 14377 of 2022 subsequently issued a fresh caste certificate to the effect that the petitioner belongs to 'Kaniyan Caste' which is a Scheduled Tribe. Under these circumstances, the contention of the complainant that the petitioner has obtained a false Caste Certificate by misrepresentation and committed the offences as stated above cannot be accepted. Therefore, initiation and continuation of the criminal proceedings is in abuse of process of law and hence the same is liable to be quashed. Accordingly, I answer the above point in the 'affirmative' and I proceed to pass the following. ORDER (i) The Criminal Petition is allowed. (ii) The criminal proceedings initiated against the petitioner in Crime No. 43 of 2022 of Halasurgate Police Station, for the offences punishable under Sections 177, 181, 196, 198, 420 of IPC and under Section 3(1)(q) of SC/ST Act, is hereby quashed. Sd/- (M G UMA) JUDGE MKM: List No.: 1 Sl No.: 8