- 1 - NC: 2025:KHC-D:1661 CRL.P No. 100273 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100273 OF 2020 (482(CR.PC)/528(BNSS)) BETWEEN: 1. MARUTAPPA S/O. FAKKIRAPPA KATTIMANI, AGE: 51 YEARS, OCC: COOLIE, 2. MARUTAPPA S/O. RUDRAPPA KATTIMANI, AGE: 47 YEARS, OCC: COOLIE, 3. ANAND S/O.JAYAVANTAPPA NAGANNAVAR, AGE: 37 YEARS, OCC: COOLIE, ALL ARE R/O: GIRIYAL, TQ: HUBBALLI, DIST: DHARWAD. … PETITIONERS (BY SRI. HEMANT L. HAVARAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, (SUB-URBAN POLICE STATION, HUBBALLI), R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. P.G. GAJAKOSH, AGE: MAJOR, OCC: DY.S.P.CRE CEKKM VIJAYAPUR. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO CALL FOR RECORDS AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS AND ORDER OF COGNIZANCE ISSUED BY THE LEARNED II ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD, IN SC/ST NO.6/2019, AS AGAINST THE PRESENT PETITIONERS WHO ARE ARRAYED AS ACCUSED NO.1 TO 3, FOR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.03 11:33:22 +0530 - 2 - NC: 2025:KHC-D:1661 CRL.P No. 100273 of 2020 THE OFFENCES PUNISHABLE U/S 198, 196, 420 R/W SEC.34 OF I.P.C. AND U/SEC.3(1)(9) OF SC/ST P.A.ACT-1989. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The second respondent lodged an FIR with the Suburban Police Station, Hubballi, alleging that the petitioners—Accused Nos. 1 to 3—by furnishing false information that they belonged to the “Shilli-Kyatar” community, a Scheduled Caste, fraudulently obtained caste certificates declaring them as members of a Scheduled Caste community. 2. Based on these caste certificates, the petitioners contested the Grama Panchayat elections. Subsequently, the caste certificates issued in their favor were canceled by the Tahsildar, Hubballi. 3. The second respondent further alleged that the petitioners fabricated school records and submitted them to the Tahsildar to obtain caste certificates. Upon investigation, the police filed a charge sheet against the petitioners for offences punishable under Sections 196, 198, and 420 read with Section 34 of the Indian Penal Code, 1860 (IPC) and Section 3(1)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, the “POA Act”). The learned Special Court, after perusing the charge sheet, took cognizance - 3 - NC: 2025:KHC-D:1661 CRL.P No. 100273 of 2020 of the aforesaid offences. Aggrieved by this, the present petition has been filed. 4. Heard the learned counsel for the parties and perused the charge sheet materials. 5. The caste certificates in question were issued to the petitioners in the years 2004–2005 and 2007, respectively, certifying that they belonged to the “Shilli-Kyatar” caste, which is classified as a Scheduled Caste community. However, the District Caste Verification Committee, by its order dated 06.02.2015, invalidated the caste certificates. Following this order, the Tahsildar canceled the caste certificates issued in favor of the petitioners. 6. The allegation against the petitioners is that they fabricated school records and submitted them to the Tahsildar to obtain the caste certificates, thereby committing an offence under Section 3(1)(q) of the POA Act. 7. Section 3 of the POA Act prescribes punishments for atrocities committed against members of Scheduled Castes and Scheduled Tribes. Section 3(1)(q) specifically states that any person who, not being a member of a Scheduled Caste or Scheduled Tribe, provides false or frivolous information to a public servant, thereby causing such public servant to use his lawful authority to the injury or annoyance of a member of a Scheduled Caste or Scheduled Tribe, shall be punished with imprisonment for a term of not less than six months, which may extend to five years. - 4 - NC: 2025:KHC-D:1661 CRL.P No. 100273 of 2020 8. In the present case, the false information allegedly provided by the accused did not result in the Tahsildar exercising his lawful authority to the injury or annoyance of any member of a Scheduled Caste or Scheduled Tribe. The petitioners merely obtained caste certificates falsely declaring themselves as Scheduled Caste members. Therefore, the allegations against the petitioners do not satisfy the essential ingredients of the offence under Section 3(1)(q) of the POA Act. Consequently, the cognizance taken by the Special Court under this provision, in the absence of the essential elements constituting the offence, is without authority of law. 9. To establish the offence of cheating, it must be proven that the accused, from the time they provided information to the Tahsildar, intended to deceive individuals belonging to the Scheduled Caste or Scheduled Tribe communities. 10. The prosecution alleges that the petitioners fabricated school records and submitted them to the Tahsildar to obtain false caste certificates. However, the transfer certificates and other official documents remain in the custody of the respective schools. Therefore, the allegation that the petitioners fabricated school records is unsubstantiated. Furthermore, the prosecution has not recorded any statements from school authorities to corroborate the claim that the petitioners forged school records. - 5 - NC: 2025:KHC-D:1661 CRL.P No. 100273 of 2020 11. Under Rule 7(4) of the Karnataka Scheduled Castes, Scheduled Tribes, and Other Backward Classes (Reservation of Appointment, etc.) Rules, 1992, the District Caste Verification Committee is required to recommend to the Directorate of Civil Rights Enforcement Cell to initiate prosecution against individuals who have fraudulently obtained caste certificates. In the absence of such a recommendation, the lodging of the FIR by the second respondent is impermissible in law. 12. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed. ii) The impugned proceedings in Spl.SC/ST No.6/2019 passed by the II Additional District and Sessions Judge, Dharwad is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR CT:BCK LIST NO.: 1 SL NO.: 39