Case Note & Summary
The judgment pertains to three criminal appeals filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking pre-arrest bail. The appellants are accused in Crime No.950 of 2022 registered at Kotwali Police Station, Ahmednagar, for offences under Sections 498-A, 323, 504, 376(2)(n), 377, 417, 328, 313, 506 read with Section 34 of the Indian Penal Code, and under Sections 3(1)(r), 3(1)(s), 3(2)(va), 3(1)(w)(i), 3(1)(w)(ii) of the Atrocities Act. The FIR was lodged by a woman alleging that the appellants, who are her husband and in-laws, subjected her to cruelty, rape, unnatural sex, and caste-based insults. The appellants contended that the allegations were false and motivated by malafide intent, as the prosecutrix was in a consensual relationship with the husband and had filed the FIR after a marital dispute. The court examined the material on record, including the charge-sheet and statements of witnesses. It observed that the alleged insult under Section 3(1)(r) of the Atrocities Act was not in public view, as it occurred inside a private house, and therefore the essential ingredient of the offence was missing. Further, the allegations of rape were contradicted by the fact that the prosecutrix had voluntarily undergone multiple abortions and continued to live with the husband. The court held that no prima facie case was made out against the appellants, and the bar under Section 18 of the Atrocities Act did not apply. Consequently, the court allowed the appeals and granted pre-arrest bail to all appellants subject to conditions, including furnishing a personal bond and surety, and not tampering with evidence or intimidating witnesses.
Headnote
A) Criminal Procedure Code - Pre-arrest Bail - Section 438 CrPC read with Section 14-A(2) SC/ST Act - Anticipatory Bail - The court considered whether the appellants, accused of offences under IPC and SC/ST Act, should be granted pre-arrest bail. Held that where the allegations do not prima facie constitute an offence under the SC/ST Act, the bar under Section 18 of the Act does not apply, and bail can be granted if the accused is not likely to abscond or tamper with evidence (Paras 10-15). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Offence under Section 3(1)(r) - Public View Requirement - The alleged insult must be in public view to attract the offence. In the present case, the alleged incident occurred in a private house, not in public view, and therefore the essential ingredient of Section 3(1)(r) is not satisfied (Paras 12-14). C) Indian Penal Code, 1860 - Offence of Rape - Section 376(2)(n) - Consensual Relationship - The prosecutrix was in a long-term consensual relationship with the appellant and had undergone multiple abortions. The allegations of rape are an afterthought due to marital discord, and no prima facie case of rape is made out (Paras 16-18). D) Criminal Procedure Code, 1973 - Anticipatory Bail - Section 438 - Custodial Interrogation - The court held that custodial interrogation of the appellants is not required as the investigation is complete and the charge-sheet has been filed. The appellants are entitled to pre-arrest bail subject to conditions (Paras 19-22).
Issue of Consideration
Whether the appellants are entitled to pre-arrest bail under Section 438 of CrPC read with Section 14-A(2) of the SC/ST Act, considering the allegations of sexual offences and atrocities, and whether the FIR discloses a prima facie case against them.
Final Decision
All three appeals are allowed. The appellants are granted pre-arrest bail in Crime No.950 of 2022 registered with Kotwali Police Station, Ahmednagar, subject to conditions including furnishing a personal bond of Rs.25,000/- with one surety, not tampering with evidence, and not intimidating witnesses.
Law Points
- Pre-arrest bail
- Section 438 CrPC
- Section 14-A(2) SC/ST Act
- Prima facie case
- Malafide intent
- Public view requirement
- Consensual relationship
- Quashing of FIR
