IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.1867 OF 2019 Between:
Smt. T.Parvathamma, W/o. Eragyathaiah, Aged 52 years, R/at Kereyagala Chikkenahalli Village, Gowdgere Hobli, Sira Taluk, Tumkur District-572130.
... Petitioner (By Sri. A.Sampath, Advocate for Sri. R.Nataraj, Advocate) And:
1. The State of Karnataka by Sira Police Station, Tumakur District Represented by the State Public Prosecutor, High Court of Karnataka Bengaluru-560001.
2. A.Venkataramana S/o. Not known to Petitioner Age Not known to Petitioner Circle Inspector, Directorate of Civil Rights, Tumkur-572106.
(By Sri. Honnappa, HCGP for R1, Sri. C.Jagadish, Advocate for R2) …Respondents This Criminal Petition is filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.32/2019 of Sira Police Station, Tumakuru for the offence punishable under Sections 463, 464, 468, 420 of IPC and read with Section 3(1)(q) of SC/ST Prevention of Atrocities Act 1989.
This Criminal Petition coming on for orders this day, the court made the following:-
ORDER Though the notice issued to the complainant has been served but he remained absent.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondents and perused the records.
3. The allegations made against the petitioner is that on 12.11.1990, she obtained a certificate showing that she belonged to scheduled caste. On the basis of that certificate, she has obtained government job which was reserved for scheduled caste. After examining the said aspect, the District Caste Verification Committee has declined the said certificate issued by Tahsildar in the year 1990 as illegal and on that basis the complaint has been lodged.
4. The above said aspect has to be investigated during the course of full fledged trial. What was the necessity at that particular point of time to take such certificate and whether she really belonged to scheduled caste or not has to be investigated during the course of trial. This matter revolves around the documentary evidence which requires police investigation. In my opinion custodial investigation of the petitioner may not be necessary. This court has already granted interim bail on 23.07.2019. On same conditions imposed by this court, the petitioner has to be enlarged on bail. The interim order passed by this court is hereby made absolute on the same conditions. The petitioner is hereby directed to execute 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 jurisdictional court within two weeks from the date of receipt of copy of this order. The other conditions imposed in the said order shall continue till the trial is completed.
Sd/- JUDGE sd