- 1 - HC-KAR NC: 2025:KHC:35701 CRL.A No. 1546 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL APPEAL NO. 1546 OF 2025 (U/S 14(A) (2)) BETWEEN: NARAYANASWAMY S/O LATE VENKATAPPA AGED ABOUT 47 YEARS R/AT NARASIMHANAHALLI VILLAGE TUBAGERE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 203 …APPELLANT (BY SRI. THYAGARAJ.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DODDABALLAPURA RURAL POLICE STATION BENGALURU DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001 2. SRI R HARISH POLICE INSPECTOR, DCRE POLICE STATION, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35701 CRL.A No. 1546 of 2025 BENGALURU RURAL DISTRICT BENGALURU …RESPONDENTS (BY SMT. PUSHPALATHA B., ADDL.SPP) THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE CRL.MISC NO.1074/2025, DATED 10.07.2025 PASSED BY II ADDL.DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE BENGALURU RURAL DISTRICT, BENGALURU AND GRANT ANTICIPATORY BAIL TO THE APPELLANT AND DIRECT THE RESPONDENT POLICE I.E, DODDABALLAPURA RURAL POLICE TO RELEASE THE APPELLANT ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.90/2025 FOR THE OFFENCES P/U/S 198, 196, 420 OF IPC SECTION 5(A), 5(b), OF RESERVATION OF APPOINTMENT ACT AND SEC 3(1)(q) OF SCHEDULE CASTES AND SCHEDULE TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, PENDING ON THE FILE OF THE II ADDL.DISTRICT AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2025:KHC:35701 CRL.A No. 1546 of 2025 ORAL JUDGMENT 1. The appellant who is arraigned as accused No.1 in Crime No.90/2025 of the respondent - Police is before this Court seeking anticipatory bail for the offences punishable under Sections 198, 196, 420 of Indian Penal Code (for short “IPC”) and Sections 5(A), 5(b) of Reservation of Appointment Act and Section 3(1)(q) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Amendment Act, 2015 (for short ‘SC/ST (POA) Act’) and seeking to set aside the order dated 10.07.2025 passed in Crl.Misc.No.1074/2025 by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru. Brief facts of the case: 2. It is the case of the prosecution that, the appellant though originally belongs to Golla community, he obtained Scheduled Tribe certificate and obtained the job. Based on the complaint, the Deputy Commissioner and Chairman of District Caste Verification Committee, Bengaluru Rural District, cancelled the said certificate on - 4 - HC-KAR NC: 2025:KHC:35701 CRL.A No. 1546 of 2025 21.06.2024. After having cancelled the said certificate, a criminal case has been registered against the appellant, therefore, he sought for anticipatory bail in respect of crime number stated supra. 3. Heard Sri.Thyagaraj.M, learned counsel for the appellant and Smt.Pushpalatha.B, learned Additional SPP for respondent – State. 4. It is the submission of learned counsel for the appellant that the appellant is innocent of the alleged offences and he is having a valid defence. Though it is alleged that he obtained false caste certificate and secured the job, the fact remains that, he secured the job, but, not on the basis of false caste certificate. 5. It is further submitted that the family members of the appellant are having same caste certificates and the Authority, after verifying the family status of the appellant issued a certificate. However, the Authority ignored the same and proceeded to pass the order of cancellation of the caste certificate, which is not proper and inappropriate. Therefore, the appellant may be granted anticipatory bail by imposing suitable conditions. - 5 - HC-KAR NC: 2025:KHC:35701 CRL.A No. 1546 of 2025 Making such submissions, the learned counsel for the appellant prays to allow the appeal. 6. Per contra, the learned Additional SPP for the respondent No.1 – State vehemently opposed the said submissions and she further submitted that the District Caste Verification Committee had assessed the family background and also the present status in the said village, rightly rejected the caste certificate. Therefore, the anticipatory bail cannot be granted. Making such submissions, learned Additional SPP for the respondent No.1 prays to dismiss the appeal. 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record, that the appellant had obtained false certificate and secured the job. However, the documents annexed in the appeal would indicate that the appellant belongs to Nayaka Community and his school leaving certificate would corroborate the same. Even assuming that he had knowledge regarding false caste certificate, the said caste certificate was given to him by the authority when he was minor. Thus, I am of - 6 - HC-KAR NC: 2025:KHC:35701 CRL.A No. 1546 of 2025 the considered opinion that the animosity to secure the job fraudulently by producing the said caste certificate has not been made out by the prosecution. 8. Hence, I proceed to pass the following: ORDER i) The Criminal Appeal is allowed. ii) The order dated 10.07.2025 passed in Crl.Misc.No.1074/2025 by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, is set aside. iii) The appellant / accused No.1 is ordered to be enlarged on bail in the event of his arrest in Crime No.90/2025 of respondent-police, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer, subject to the following conditions: (i) The appellant shall appear before the Investigating Officer and co-operate for investigation as and when required. - 7 - HC-KAR NC: 2025:KHC:35701 CRL.A No. 1546 of 2025 (ii) The appellant shall not threaten or tamper the prosecution witnesses. (iii) The appellant shall appear before the Trial Court on all hearing dates without fail. (iv) The appellant shall not leave the jurisdiction of the Trial Court till disposal of the case. Sd/- (S RACHAIAH) JUDGE UN List No.: 2 Sl No.: 18