SUPRIYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed under Sec. 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, challeng ing the ord er dtd. 3/6/2022 passed by the II Ad ditional District and Sessions Judge, Kolar in Crl.Misc.No.450/2022. The application filed by the appellant und er Sec. 438 of Cr.P.C., was dismissed .

(2.) Heard Sri B.V.Srinatha, Advocate on behalf of Sri M.R.Nanjund a Gowd a, learned counsel for the app ellant, learned High Court Government Plead er for respondent No.1-State and Sri C.Jag ad ish, learned counsel for Respondent No.2.

(3.) The alleg ation against the appellant is that she prod uced false caste certificate for securing seat in ed ucational institution and obtaining scholarship. It is the arg ument of the appellant's counsel that the app ellant is 'Vokkalig a' by caste by birth, b ut she married a p erson belong ing to 'Bhovi' caste, which is a sched uled caste and therefore she is entitled to claim reservation. He refers to Sec. 4 of the Karnataka Scheduled Castes, Scheduled Tribes and other backward classes (Reservation of Appointments, etc.) Act, 1990. But the learned Hig h Court Government Pleader and Sri C.Jag ad ish oppose this arg ument by submitting that the marriag e does not confer sched uled caste status on the appellant. The caste accrues by b irth and she cannot claim benefit and in this view offence under Sec. 3(1)(q) of Scheduled Castes and Scheduled Trib es (Prevention of Atrocities) Act ('SC/ST Act' for short) is mad e out and thereby Sec. 18 of the said Act is a b ar.