Case Note & Summary
The appellant, Nikhil Dnyanoba Tambalge, filed an appeal under Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order dated 28.08.2020 passed by the Special Judge, Pune, rejecting his bail application. The appellant was one of the accused in FIR No.1127 of 2019 registered at Chakan Police Station, Pune, for offences under Sections 302, 143, 147, 148, 149, 504, and 506 of the Indian Penal Code, and Section 3(2)(Va) of the Atrocities Act. The FIR alleged that on 04.08.2019, the accused assaulted the deceased, Akash, with wooden logs, causing multiple injuries. The deceased succumbed to his injuries on 11.08.2019. The appellant argued that the allegations did not disclose any caste-based intent, and the incident arose from a personal dispute regarding the deceased allegedly harassing girls. The State opposed bail, citing the seriousness of the offence and the bar under Section 18 of the Atrocities Act. The Court examined the FIR and found no mention of caste-based remarks or intent. It held that for the bar under Section 18 to apply, there must be a prima facie case that the offence was committed on account of the victim's caste. Since the FIR did not disclose such intent, the bar was not attracted. The Court also noted that the appellant had been in custody since 17.08.2019, the investigation was complete, and the appellant's role was not specifically distinguished. Accordingly, the Court allowed the appeal, set aside the impugned order, and granted bail to the appellant on conditions, including furnishing a PR bond of Rs.25,000 with one or two sureties, and reporting to the police station once a month.
Headnote
A) Criminal Law - Bail - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 14 - Prima Facie Case - The appellant sought bail under Section 14 of the Atrocities Act, challenging the rejection of his bail application by the Special Judge. The Court held that for the bar under Section 18 of the Atrocities Act to apply, there must be a prima facie case that the offence was committed on account of the victim's caste. Since the FIR did not disclose any caste-based intent and the incident arose from a personal dispute, the bar was not attracted. Bail was granted. (Paras 1-10) B) Criminal Law - Bail - Indian Penal Code, 1860 - Sections 302, 143, 147, 148, 149, 504, 506 - Role of Accused - The appellant was one of several accused charged with murder and other offences. The Court noted that the appellant's role was not specifically distinguished from other accused, and the investigation was complete. Considering the period of incarceration and the lack of prima facie evidence under the Atrocities Act, bail was granted on conditions. (Paras 2-10)
Issue of Consideration
Whether the appellant is entitled to bail under Section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, when the allegations do not prima facie show that the offence was committed on account of the victim being a member of a Scheduled Caste or Scheduled Tribe.
Final Decision
The appeal is allowed. The impugned order dated 28.08.2020 is set aside. The appellant is directed to be released on bail on furnishing a PR bond of Rs.25,000 with one or two sureties. The appellant shall report to the police station once a month and not tamper with evidence or influence witnesses.
Law Points
- Bail under Section 14 of SC/ST Act
- Prima facie case
- Caste-based intent
- Section 3(2)(Va) of SC/ST Act
- Section 302 IPC
