IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL REVISION PETITION NO. 1592 OF 2025 BETWEEN:

SRI N. MADAN GOPAL S/O LATE NANJUNDAIAH AGE ABOUT 69 YEARS R/A NO.46/1 MARUTHI TIMBERS BANDEEPALYA, GARVEBHAVIPALYA HOSURUMAIN ROAD BENGALURU - 560 068.

…PETITIONER (BY SRI SOMASHEKAR RAJAVAMSHI, ADV.)

AND:

1. THE STATE OF KARNATAKA BY HALASURUGATE POLILCE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR, OFFICE OF ADVOCATE GENERAL HIGHCOURT BUILDINGS BANGALORE - 560 001.

Digitally signed by NANDINI M S

2. SRI N. KUMARASWAMY Location:

AGED ABOUT 43 YEARS HIGH COURT OF DRE CELL, BENGALURU KARNATAKA HEAD QUARTER F BLOCK

2ND FLOOR, CAUVERYBHAVAN K.G. ROAD, BENGALURU - 560 009.

…RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP)

THIS CRL.P IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DTD 06.05.2025 IN SPL.C.NO.624/2023 PASSED BY THE LEARNED LXX ADDL. CITY CIVIL JUDGE AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU AND ALLOW THE APPLICATION FILED BY THE APPELLANT U/S 227 OF CR.P.C.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

ORAL ORDER

1. Accused is before this Court in this criminal revision petition filed under Section 397 read with Section 401 of Cr.P.C. with a prayer to set-aside the order dated 06.05.2025 in Spl.C.No.624/2023 passed by the Court of LXX Addl. City Civil and Sessions Judge and Special Judge, Bengaluru, rejecting the application filed by the petitioner under Section

227 of Cr.P.C.

2. Heard the learned counsel for the parties.

3. The petitioner is charge sheeted for the offences punishable under Sections 177, 181, 196, 198 and 420 of IPC and Section 3(1)(q) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST (POA) Act' for short) and case has been registered against him before the Special Court in Spl.C.No.624/2023. In the said proceedings, the petitioner had filed an application under Section 227 of Cr.P.C. with a prayer to discharge him from the charge sheeted offences. The said application was opposed by the prosecution by filing objections. The Trial Court, vide the impugned order has rejected the said application and aggrieved by the same, petitioner is before this Court.

4. Learned counsel for the petitioner submits that complainant in the present case is not a member of SC/ST community and therefore, charge sheet could not have been filed invoking the provisions of the SC/ST (POA) Act. He also submits that there is no material in the charge sheet which would attract the alleged offences against the petitioner and the Trial Court has failed to appreciate the aforesaid aspects of the matter and has erred in dismissing the application filed for discharge. In support of his arguments, he has placed reliance on the judgment of the Division Bench of this Court in the case of Smt. Yamuna vs. The State (Crl.RP.No.989/2012 C/w Crl.RP.No.988/2012) disposed off on 11.01.2022.

5. Learned HCGP, on the other hand, has supported the impugned order passed by the Trial Court.

6. The allegation against the petitioner in the charge sheet is that though petitioner originally belongs to Vanniyar Caste, on 24.07.2018, by giving a false information to the Tahsildar, Bengaluru South Taluk, Bengaluru, that he belongs to Adi Dravida Caste, which is considered as a Scheduled Caste, he had obtained a Caste Certificate based on which he had filed multiple criminal cases against others and also had claimed benefits under the said fraudulent caste certificate obtained by him.

7. It is not in dispute that the Caste Certificate which was obtained by the petitioner based on fraudulent documents has been subsequently set-aside by the competent authority. Undisputedly, the order cancelling the Caste Certificate of the petitioner has not been challenged till date.

8. Section 3(1)(q) of the SC/ST (POA) Ac