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Accused 1-G.M. Sumana Bai is the daughter of accused 2-G.S. Mangalore. Accused 2 was working as a Teacher in the Government High School, M.L. Halli, Sagar Taluk, Shimoga, at the relevant point of time and also working as a Teacher in various schools, whereas accused 3-K.Chandrashekar was working as clerk in the Government High School, M.L. Halli, Sagar taluk, Shimoga. While accused I was studying in the Regional College of Education, Mysore, she came in contact with one M.N. Prahlad, the son-in-law of P.W.1-T.A. Shamashastry, who had married his daughter S.N. Manorama on 13.02.1981 lived upto 16.06.1990. The said M.N. Prahlad wanted to give a divorce so as to marry accused 1-G.M.Sumana Bai. It is at that point of time P.W.1-Shamashastry verified the school records, and found that accused 1-G.M.Sumana Bai had described her caste as 'Maleru' coming within the group of Scheduled Tribes though actually she belongs to "Havyak Brahmin" community. P.W.1 after coming to know about the false declaration given by accused 1, lodged a complaint as per Ex.P1 with the Civil Rights Enforcement Cell, Bangalore. The complaint was forwarded to P.W.19-H.M. Mayanna, S.I., for investigation and a case was registered by the Shikaripura Police in Crime No. 77/1992 against all the accused persons for the offence under Sections 419 and 420 of I.P.C. and forwarded the file. P.W.19-H.M. Mayanna, S.I., of Civil Rights Enforcement Cell took up further investigation, collected various school certificates, transfer certificates as per Exs.P.ll & P12 as well as caste certificate from the Tahsildar, Shikaripura, as per Ex.P23. The investigation disclosed that accused 1 and 2 though belong to "Havyak Brahmin" community, for the purpose of claiming the benefit under the reserved Scheduled Tribes category, accused 2 falsely sworn to an affidavit that accused 1 belongs to "Maleru" community. Accused 2 produced the said affidavit before the Tahsildar, Shikaripura, and obtained a false caste certificate as per Ex.P23 as Schedule Tribes. Accused 1 made use of the caste certificate as if it is a genuine and took admission to the Pre- University Courses and for Degree courses and that she availed scholarship benefit of Rs.399-99 during the year 1986-87.

Though accused 3-K.Chandrashekar convicted by the learned J.M.F.C., his Crl.A. No. 27/1997 came to be allowed, acquitting of the charges levelled against him. It is unfortunate on the part of the prosecution that having sought for enhancement of sentence in respect of accused 1 and 2, had not questioned the Judgment of acquittal as against accused 3, which appears to be for the best known reasons.

7. But, for the complaint of P.W.1-T.A. Shamashastry, accused 1-G.M.Sumana Bai could have enjoyed the fruits in pursuance of the caste certificate, which she had obtained from the Tahsildar, Shikaripura, and also could have had all other reservation benefits under the Schedule Tribes quota, which came to an end. P.W.l-T.A. Shamashastry's daughter viz., Manorama was married to one M.N. Prahlad, lecturer in the Regional College of Education, Mysore, on 13.02.1981. Accused 1-G.M. Sumana Bai had taken admission to B.A. Ed. degree course at the Regional College of Education, Mysore, on the basis of the declaration, declaring that she belongs to Schedule Tribe though she actually belongs to "Havyak Brahmin". It appears that accused 1 having came in contact with M.N. Prahlad, developed love and that M.N. Prahlad wanted to give a divorce to his wife i.e., daughter of P.W.1-Shamashastry and a divorce petition was also came to be filed by M.N. Prahlad. It is at that stage, P.W.1 verified the admission records of accused 1-G.M.Sumana Bai, which revealed that she has given a false declaration, declaring herself belonging to Scheduled Tribe in the "Admission Form", though her brother and sister were studying in other schools having declared themselves as "Havyak Brahmins". On account of false declaration of the caste by accused 1 in the "Admission Form" P.W.1 lodged a complaint as per Ex.P1 addressed to the Deputy Inspector General of Police, Civil Rights Enforcement Cell, Bangalore. The same was forwarded to the Inspector of Police, Shikaripura, and that a case was registered in Crime No. 77/1992 for the offence under Sections 419 and 420 of I.P.C. against accused 1 and 2. Thus, on the complaint of P.W.1, investigation process came to be commenced. The Investigation Officer started collecting the extract of the admission register in respect of accused No. 1 from various schools so also her brother and sister viz., G.M. Dinesh and G.M. Nayana respectively.