Case Note & Summary
The appellant, Ramrao Kashinath Rathod, filed a criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC and ST Act) against an order of the Special Judge, Thane, rejecting his application for pre-arrest bail in connection with Crime No. 19 of 2002 registered at CBD Belapur Police Station for offences under Sections 3(1)(r) and 3(1)(s) of the SC and ST Act. The prosecution alleged that the appellant, who had previously interviewed the prosecutrix for a job, made unwanted advances and later, on 25th January 2022, visited her workplace and humiliated her by uttering words referring to her caste, calling her a 'chambhar' (a caste-based slur). The appellant sought pre-arrest bail apprehending arrest. The Special Judge rejected the bail application, citing the bar under Section 18 and 18A of the SC and ST Act. The High Court admitted the appeal and heard it finally. The court examined the FIR and the allegations to determine whether a prima facie case under the SC and ST Act was made out. The court noted that the alleged words were spoken in the context of a personal dispute arising from the appellant's earlier advances and the victim's refusal, and there was no indication that the insult was on account of her caste. The court held that the bar under Section 18 and 18A does not apply if the allegations do not prima facie constitute the offence. The court also considered the appellant's clean record and the fact that the investigation was complete. The court allowed the appeal, set aside the Special Judge's order, and granted pre-arrest bail to the appellant on certain conditions.
Headnote
A) Criminal Procedure Code, 1973 - Section 438 - Pre-arrest Bail - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(r), 3(1)(s), 18, 18A - The court considered whether the bar under Section 18 and 18A of the SC and ST Act applies when the allegations do not prima facie disclose the ingredients of the offences. Held that the bar does not operate if the allegations, even if accepted, do not constitute the offence under the SC and ST Act, and the court can grant pre-arrest bail in such cases (Paras 7-12). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(r) - Intentional humiliation on caste basis - The court examined whether the alleged words were uttered with the intent to humiliate the victim on account of her caste. Held that the words used, though abusive, were not shown to be motivated by caste animus; the dispute appeared to be personal, and thus the essential ingredient of the offence was not made out (Paras 8-10). C) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(s) - Imputations prejudicial to human dignity - The court found that the alleged imputation was not clearly linked to the victim's caste identity. Held that the offence under Section 3(1)(s) also requires the imputation to be on account of the victim's caste, which was not prima facie established (Paras 8-10).
Issue of Consideration
Whether the appellant is entitled to pre-arrest bail under Section 438 of CrPC when the FIR alleges offences under Sections 3(1)(r) and 3(1)(s) of the SC and ST Act, and whether the bar under Section 18 and 18A of the SC and ST Act applies.
Final Decision
Appeal allowed. Impugned order dated 24th February 2022 set aside. Appellant granted pre-arrest bail in connection with CR No.19 of 2002 on executing a PR bond of Rs.25,000 with one or two sureties. Conditions: appellant shall not tamper with evidence or influence witnesses, shall attend the investigating officer as required, and shall not commit similar offences.
Law Points
- Pre-arrest bail
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- 1989
- Prima facie case
- Intent to humiliate on caste basis
- Bar under Section 18 and 18A
- Limited scrutiny at bail stage
