Case Note & Summary
The appellants, Vinod Thakare, Varsha Thakare, and Aakash Thakare, filed an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) challenging the order dated 09.06.2022 passed by the Additional Sessions Judge, Link-Court, Mangrulpir, Washim, which rejected their application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (CrPC). The crime was registered on the report of respondent No.2, Ganesh Ambore, for offences under Sections 323, 324, 504, 506, 34 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act. The incident occurred on 28.04.2022 when the appellants were digging holes for fixing poles for a compound wall, and the informant objected, leading to a quarrel. The prosecution alleged that the appellants assaulted the informant and his family with a wooden stick and abused them with caste names. The informant belongs to a Scheduled Tribe. The appellants apprehended arrest and applied for anticipatory bail, which was rejected by the trial court. The High Court, after hearing the parties, observed that the incident arose from a property dispute and there was no specific allegation that the appellants intended to insult the informant on caste basis. The court found that the ingredients of the offences under the SC/ST Act were not prima facie made out, and therefore, the bar under Section 18 of the SC/ST Act did not apply. The court allowed the appeal and granted anticipatory bail to the appellants on conditions that they shall not tamper with evidence and shall cooperate with the investigation.
Headnote
A) Criminal Procedure - Anticipatory Bail - Section 438 CrPC read with Section 14-A SC/ST Act - The court considered the application for anticipatory bail in a case involving offences under the SC/ST Act. The court held that the bar under Section 18 of the SC/ST Act is not absolute and if no prima facie case is made out, bail can be granted. (Paras 1-10) B) SC/ST Act - Prima Facie Case - Sections 3(1)(r), 3(1)(s), 3(2)(va) - The court examined the allegations of caste-based abuse and found that the incident arose from a property dispute and there was no specific intent to insult the informant on caste basis. The court held that the ingredients of the offences were not prima facie made out. (Paras 5-9) C) Criminal Procedure - Anticipatory Bail - Section 438 CrPC - The court granted anticipatory bail to the appellants on the condition that they shall not tamper with evidence and shall cooperate with the investigation. (Para 10)
Issue of Consideration
Whether the appellants are entitled to anticipatory bail under Section 438 CrPC when the offences under the SC/ST Act are alleged, and whether the bar under Section 18 of the SC/ST Act applies.
Final Decision
The appeal is allowed. The order dated 09.06.2022 passed by the Additional Sessions Judge, Link-Court, Mangrulpir, Washim is set aside. The appellants are granted anticipatory bail in Crime No. 229 of 2022 registered with Police Station Manora, District Washim, on executing a PR bond of Rs. 25,000/- each with one surety each of the like amount. The appellants shall not tamper with the prosecution evidence and shall cooperate with the investigation.
Law Points
- Anticipatory bail
- SC/ST Act
- Section 438 CrPC
- Section 14-A SC/ST Act
- Prima facie case
- Intent to insult caste
