Bhagyamma vs State Of Karnataka & Others

Sreenivas Harish Kumar, J

Heard Sri Akarsh Kumar Gowda, Advocate for Sri V.Chandrappa, learned counsel for the appellant and the learned High Court Government Pleader for respondent No.1-State. Counsel for respondent No.2 is absent.

This is an appeal filed under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, questioning the rejection of appellant’s application for anticipatory bail by the Special Court.

Against the appellant, an FIR has been registered in Crime No.26/2022 by the first respondent police for the offences punishable under Sections 5(A) and 5(B) of the Karnataka SC/ST and other B.C. (Reservation of Appointment) Act, 1990, Section 3(1)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Sections 196, 198 and 420 of IPC.

The allegations are that the appellant obtained a caste certificate to the effect that she belonged to ‘Bhovi’ caste and contested the election of Chogondanahalli Milk Dairy Producers Co-operative Society from the reserved category, got elected and became Director of the Society. It is stated that actually the appellant belongs to ‘Vokkaliga’ caste.

The appellant’s counsel argues that though it is true that the appellant belongs to ‘Vokkaliga’ caste, her husband is a ‘Bhovi’ by caste and under the impression that after the marriage she too became a ‘Bhovi’, obtained a caste certificate and contested the election. The appellant has not deliberately committed any offence. If she is arrested in connection with the said crime, her interest is going to be affected. He also submits that the Co-ordinate Bench of this court has granted anticipatory bail to another accused, namely, Narayanaswamy, while disposing of Crl.A.No.581/2022.

Learned High Court Government Pleader opposes the appeal.

The appellant has produced copy of the order passed in Crl.A.No.581/2022 to show that another accused, namely, Narayanaswamy has been admitted to anticipatory bail. In this case, if the appellant had intentionally obtained false caste certificate for claiming reservation in order to contest the election, she may be prosecuted for the offences under the Indian Penal Code.

I have already taken a view in Crl.A.No.1361/2021, that the offence under Section 3(1)(q) of SC/ST Act does not get attracted in a circumstance like this. Moreover the appellant is a woman and therefore on this ground also she can claim anticipatory bail. Hence the following:

ORDER

Appeal is allowed.

The order dated 13.04.2022 passed in Crl.Misc.622/2022 by the II Additional District and Sessions Judge and Special Judge, Bengaluru Rural District, Bengaluru, is set aside. Application filed by the appellant under Section 438 of Cr.P.C., is allowed.

In the event of arrest of the appellant by the respondent police in connection with Crime No.26/2022, she shall be released on bail subject to her executing a bond for Rs.1,00,000/- (One Lakh only) and providing two sureties for the likesum to the satisfaction of the investigating officer. The appellant is also subjected to following conditions:-

(i) She shall co-operate with the investigating officer for completing the investigation.

(ii) She shall attend the police station whenever her presence is necessary for the purpose of investigation.

(iii) She shall not threaten the witnesses and tamper with evidence.