RAMACHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is the petition filed by petitioner/accused under Sec. 482 of the Crimial P.C. praying the Court to quash the proceedings of the Special Case No. 18/2012 pending on the file of Principal District and Sessions Judge, Bagalkot.

(2.) Brief facts as averred by the petitioner in the petition that, petitioner belonging to Bhovi Community, which has been recognised as scheduled castes in the State of Karnataka, as promulgated by the Scheduled Castes and Scheduled Tribes Act, 1976, in Entry No. 23 issued by the Ministry of Law, Justice and Company Affairs in exercise of its power under Art. 341 of the Constitution of India. In all the school records, the caste of the petitioner has been specifically mentioned that he belongs to Bhovi caste. Petitioner obtained the Caste Certificate from the Tahsildar and later he has joined the duty as the Helper in KSRTC. The 2nd respondent filed case against the petitioner before Hungund Police Station for the alleged offences punishable under Sections 196, 198 and 420 of the I.P.C. alleging that even though the petitioner is belonging to Bhoyi, he has obtained the certificate from the Tahsildar on 004.1986 stating that he belongs to Bhovi and on the basis of the said certificate he has obtained a job in the KSRTC and thereby cheated the Government and as such the petitioner has committed the offences punishable under Sections 196, 198 and 420 of I.P.C. Subsequently, the D.S.P., Bagalkot submitted charge-sheet against the petitioner for the offences punishable under Sections 196, 198, 420 of I.P.C. and Sec. 3 (I) (IX) of Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act. The petitioner challenged the initiation of the criminal proceedings on the grounds as mentioned in the criminal petition.

(3.) Heard the arguments of learned counsel appearing for the petitioner/accused and also the learned Special Public Prosecutor for the respondent/State.