Discharge of accused upheld as no false information was found regarding caste certification, affirming that 'Bohi' and 'Bhovi' are synonyms qualifying for Scheduled Caste status.

ORDER :

VIJAYKUMAR A.PATIL, J.

This revision petition is filed seeking prayer to set aside the order dated 30.05.2020 passed in SPL.(SC/ST) CC.No.17/2017 by the II Addl. District and Sessions Judge, Dharwad (hereinafter referred to as the ‘trial Court’, for short) and further direction to direct the said Court to proceed with the trial of the aforesaid case against the respondents herein.

2. Heard Sri.Praveen K.Uppar, learned Additional Government Advocate and Sri.Sagar R.Hegde, learned counsel appearing for respondents No.1 to 4.

3. The case of the prosecution is that accused No.4 who is the Government employee obtained the caste certificate from the Tahsildar, Dharwad as ‘Hindu Bhovi’ caste on 29.06.2005 by furnishing false information. It is further case of the prosecution that accused No.1 and 2 are the daughters of accused No.4, accused No.3 is the grandson of accused No.4 and they all have taken the benefits as ‘Hindu Bhovi’ caste even though they originally belong to ‘Hindu Bhoyi’ caste which comes under ‘Category-I’ caste. The aforesaid complaint was lodged by Police Inspector, DCRB, Belagavi before the Dharwad Sub Urban Police Station and the same is registered as Crime No.214/2011. The Investigating Officer after completion of the investigation, filed a charge sheet against the accused No.1 to 5 for the offences punishable under Sections 171 , 181, 196, 198, 420 of the INDIAN PENAL CODE , 1860 (for short, ‘IPC’), Sections 3(i)(ix) and 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ‘SC/ST POA Act’) and Sections 5(a) and 5(b) of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments etc.) Act, 1990 (for short, ‘OBC Act’). The accused No.1 to 4 filed an application seeking for discharge which came to be allowed by the trial Court considering the charge sheet material and the decision of the Division Bench of this Court in the case of THE DIVISIONAL COMMISSIONER, BELGAUM DIVISION AND ORS. V. BHOVI SAMAJA SEVA SANGHA AND ORS . reported in ILR 2003 KAR 1584. Being aggrieved, the State has filed this revision petition.

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4. The case of the prosecution is that the trial Court has committed an error in allowing the application for discharge filed by the accused without going for trial, which is required to be interfered with in this petition. It is submitted that the respondent No.4 who is a Government employee admittedly, belongs to ‘Hindu Bhoyi’ Community which is ‘Category-I’ caste. However, he has furnished false information to the jurisdictional Tahsildar and obtained caste certificate and claimed the benefit as a person belonging to Scheduled Caste. Similarly, the other accused who are the daughters and grandson, furnished incorrect information and are enjoying the benefit for the persons belonging to Scheduled Caste and these aspects are required to be thoroughly examined during the trial. However, the Special Court discharged the accused without any basis. Hence, he seeks to allow the petition by directing the Special Court to try the offences alleged against the respondents.

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5. Per contra, Sri.Praveen K.Uppar, learned Additional Government Advocate supports the impugned order of the Special Court and submits that this Court in the case of BHOVI SAMAJA SEVA SANGHA referred supra, has clearly held that the word ‘Bhoyi’ is synonyms to ‘Bhovi’ which is a Scheduled Caste and considering the same, a finding is recorded by the trial Court that the accused have not furnished any false information to the Tahsildar, Dharwad, while obtaining the caste certificate, which does not call for any interference. Hence, he seeks to dismiss the petition.

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6. I have heard the argum