Kiran Raj

The Karnataka High Court quashed criminal proceedings initiated against a bank manager accused of caste-based abuse and other offenses under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Indian Penal Code (IPC). The petitioner sought relief under Section 482 of the Code of Criminal Procedure (Cr.P.C.), contending that the allegations lacked substance and amounted to an abuse of the legal process.

The petitioner, employed as a manager at Kotak Mahindra Bank in Bidar, was accused in a complaint registered as Crime No. 51/2022 at the Hebbal Police Station. The allegations included offenses under Sections 420, 354, 354B, 506, and 509 of the IPC, as well as Sections 3(2)(v) and 3(2)(va) of the SC/ST Act. The complaint was initially filed as a private complaint under Section 200 of the Cr.P.C., which the trial court referred for investigation under Section 156(3) of the Cr.P.C. Subsequently, an FIR was registered.

The complainant alleged that the petitioner, along with another accused, approached him for obtaining certain documents and paid ₹10,000 for the service. The complainant further alleged that during an incident near Hebbal bus stop, the petitioner attempted to outrage the modesty of one Smt. Anjinamma and abused the complainant using caste-based derogatory remarks. The complainant claimed the accused’s actions were intended to insult and humiliate him based on his caste.

The petitioner’s counsel argued that the complaint lacked specific details and failed to substantiate the allegations of caste-based abuse or any other offense. It was submitted that the complainant was neither the victim of any offense under the SC/ST Act nor authorized to file a complaint on behalf of Smt. Anjinamma. Furthermore, the petitioner contended that the allegations were general and unsupported by evidence, making the continuation of criminal proceedings unjustified.

The prosecution opposed the petition, asserting that the allegations warranted an investigation. They argued that the trial court had correctly referred the matter for investigation under Section 156(3) of the Cr.P.C. and that the FIR was registered in accordance with the law.

Justice M.G. Uma of the Karnataka High Court examined the allegations and the materials on record. The court observed that while the complaint ran into several pages, it did not provide specific details of how the alleged offenses were committed. The court stated: “The allegations made in the complaint are bald and without any particulars.”

Referring to the allegations under the SC/ST Act, the court noted that the complainant did not provide evidence to show that the petitioner was aware of the complainant’s caste or that the offenses were committed with an intent to insult or humiliate him on that basis. The court also observed that Smt. Anjinamma, who was allegedly a victim, did not file any complaint herself. The court remarked: “It is also not clear as to why the complainant is holding the brief for Smt. Anjinamma to file the complaint on her behalf.”

The court further noted: “Under these circumstances, I am of the opinion that it is yet another case of misuse of the special enactment, which was enacted to safeguard the interests of the marginalized.” The court concluded that the continuation of the criminal proceedings would amount to an abuse of the process of law, as the allegations lacked sufficient grounds for prosecution.

In its order, the High Court quashed the criminal proceedings against the petitioner. The court stated: “The order dated 21.02.2022 registering PCR No.7 of 2022, the order dated 23.02.2022 passed by the learned LXX Additional City Civil and Sessions Judge and Special Judge Bengaluru (CCH-71) referring the complaint for investigating, and the FIR in Crime No.51/2022 of Hebbal police station, registered for the offenses under Sections 420, 354, 354B, 506, and 509 of IPC and Sections 3(2) (v) and 3 (2) (va) of the SC & ST Act, are hereby quashed against accused No.2.”

Case Title: Sri K.S. Vishwa Kiran v. The State of Karnataka & Anr.

Case Number: Criminal Petition No. 3839 of 2022

Bench: Justice M.G. Uma

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