Karnataka HC Quashes SC/ST Act Case Against Bank Manager, Calls It Another Case Of Misuse Of Law Enacted To Protect Marginalised

The Karnataka High Court quashed a case registered against a private bank manager under the provisions of the Schedule Castes and the Schedule Tribes (SCST) (Prevention of Atrocities) Act after noting that it was yet another case of misuse of the special enactment which was enforced to protect the interests of the marginalized. Justice M G Uma passed the order while allowing the petition filed by K.S. Vishwa Kiran. The petitioner was charged under Sections 420, 354, 354B, 506 and 509 of the Indian Penal Code (for short IPC) and Sections 3(2) (v) and 3 (2) (va) of the SCST Act."It is also not clear that such an offence was committed within the public eyes. Under this circumstances, I am of the opinion that, it is an yet another case of misuse of the special enactment, which was enacted to safeguard the interests of the marginalized," the court said. It was alleged by complainant Ramaiah K N that the accused had approached the complainant who was working as a broker for the purpose of obtaining copies of the document and had paid Rs.10,000. Later, when he obtained the copies as per the instructions by the accused and wanted to hand over the same, he could not do that. On the date of the incident, one Anjinamma known to the complainant had come near Hebbal bus stop and was waiting for the complainant, when it is alleged that the accused had tried to outrage her modesty and also abused the complainant in filthy language referring to his caste. Therefore, he requested the Trial Court to take cognizance of the offence and to initiate legal action.The bench on going through the records noted that even though the complaint runs into several pages, nothing could be made out as to how the accused have committed the offence. It is only stated by the complainant that the accused have referred to him as of inferior caste and abused him. He also referred to one Anjinamma, and stated that the accused have tried to outrage her modesty and abused her in filthy language. Following this the court said, “Anjinamma had never chosen to file any complaint against the accused. It is also not clear as to why the complainant is holding the brief for Anjinamma to file the complaint on her behalf.” Then it held “The allegations made in the complaint are bald and without any particulars. The allegations do not suggest that the accused were knowing that the complainant and Anjinamma belong to any particular caste and the offence was committed only in view of the fact that they belong to SC or ST with an intention to defame them by referring to their caste.” It added, “Even if the investigation is undertaken, no purpose will be served as there are no specific averments made in the complaint itself. Therefore, I am of the opinion that continuation of the criminal proceedings is nothing but an abuse of process of law and therefore, the criminal proceedings are liable to be quashed.” Appearance: Advocates Prateek Chandramouli, Anirudh Kulkarni for Petitioner.HCGP K.P Yashodha for Respondent. Citation No: 2025 LiveLaw (Kar) 23Case Title: K S Vishwa Kiran And State of Karnataka & ANR Case No: CRIMINAL PETITION NO. 3839 OF 2022Click Here To Read/Download Order

Karnataka HC Quashes SC/ST Act Case Against Bank Manager, Calls It Another Case Of Misuse Of Law Enacted To Protect Marginalised

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