Case Note & Summary
The appellant, Mahesh Bhikaji Badave, filed a criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) challenging the rejection of his anticipatory bail application (Bail Application No.2/2021) by the Special Judge, Nandurbar. The appellant was the original accused in Crime No.684/2020 registered at Upnagar Police Station, Nandurbar, for offences under Sections 354, 323, 504, 506 of the Indian Penal Code (IPC) and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act. The FIR was lodged by respondent No.2, Dipa Shamshon Valvi, a social worker belonging to a Scheduled Tribe. The allegations were that the appellant, along with others, abused the complainant using caste names, assaulted her, and outraged her modesty. The appellant sought anticipatory bail, which was rejected by the Special Judge on the ground that the bar under Section 18 of the SC/ST Act applies. The appellant then approached the High Court. The court examined the FIR and the material on record. It noted that the allegations of caste-based insults were vague and did not specify the context or the exact words used. The court held that for an offence under Section 3(1)(r) of the SC/ST Act, the insult or intimidation must be on account of the victim being a member of SC or ST. In this case, the allegations did not prima facie show that the insults were intended to humiliate the complainant on caste grounds. Therefore, the bar under Section 18 of the SC/ST Act did not apply, and the appellant was entitled to anticipatory bail. The court allowed the appeal, set aside the order of the Special Judge, and granted anticipatory bail to the appellant on certain conditions, including that he shall not tamper with evidence, shall attend the investigation, and shall not commit any offence.
Headnote
A) Criminal Procedure Code, 1973 - Section 438 - Anticipatory Bail - Bar under Section 18 of SC/ST Act - The court held that the bar under Section 18 of the SC/ST Act does not apply if the allegations in the FIR do not prima facie constitute an offence under the Act. The court must examine the FIR and material to see if the ingredients of the alleged offence are made out. (Paras 7-10) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(r) - Intentional Insult or Intimidation with Intent to Humiliate - The court held that for an offence under Section 3(1)(r), the insult or intimidation must be on account of the victim being a member of SC or ST. Vague allegations that the accused used caste names without specific details of the incident and context do not make out a prima facie case. (Paras 8-10) C) Criminal Procedure Code, 1973 - Section 438 - Anticipatory Bail - Conditions - The court granted anticipatory bail to the appellant on certain conditions, including that he shall not tamper with evidence, shall attend the investigation, and shall not commit any offence. (Para 11)
Issue of Consideration
Whether the appellant is entitled to anticipatory bail under Section 438 of CrPC when the FIR alleges offences under the SC/ST Act, and whether the bar under Section 18 of the SC/ST Act applies in the absence of a prima facie case.
Final Decision
Appeal allowed. Order dated 22/01/2021 passed by Special Judge, Nandurbar rejecting Bail Application No.2/2021 is set aside. The appellant is granted anticipatory bail in Crime No.684/2020 registered with Upnagar Police Station, Nandurbar, on executing a PR bond of Rs.25,000/- with one surety of like amount. Conditions: appellant shall not tamper with evidence, shall attend the investigation as and when called, shall not commit any offence, shall not influence witnesses, and shall furnish his address and contact details.
Law Points
- Anticipatory bail under Section 438 CrPC is not barred under Section 18 of SC/ST Act if prima facie case is not made out
- Vague allegations of caste-based insults do not attract Section 3(1)(r) of SC/ST Act
- Court must examine FIR and material to see if ingredients of offence are made out before applying bar under Section 18
