SAVITHRI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Sec. 482 of Cr.P.C for quashing the criminal proceedings in Special CC.No.326/2018 for the offence punishable under Sec. 198, 196, 199 and 420 of IPC and Ss. 3 (1) (ix) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 herein after referred as SC/ST (POA) Act, pending on the file of III Additional District and Sessions Court, Tumkur.

(2.) Heard the arguments of the learned Counsel for petitioner, learned HCGP for the State-respondent No.1 and Special Standing Counsel for respondent No.2.

(3.) The case of the prosecution is that the respondent No.2 filed a complaint to the police on 2/4/2018 which was registered as Crime No.163/2018 for the above said offences alleging that the petitioner who is said to belong to Brahmin community by birth and during the year 1974 she had married to one A.M.Suryanarayana Nayak, who is said to be belonging to the 'Nayak' caste which was classified under Scheduled Tribe. Subsequent to the marriage of the petitioner she was residing with her husband and followed her husband's caste. Subsequently she applied for a caste certificate, claiming her caste as Scheduled Tribe. Accordingly she obtained the caste certificate and also secured a job with the Karnataka Public Service Commission (KPSC) and was appointed as Second Division Clerk and posted at Commercial Tax Department. Subsequently the Caste Verification Committee verified the certificate and annulled the certificate stating that she cannot claim her husband's caste as she is Brahmin by birth as per her SSLC certificate. Thereafter she was dismissed from service on 28/4/2012, hence the complaint came to be registered against her, which is under challenge.