Case Note & Summary
The present appeal was filed by seven original accused persons challenging the order of the Additional Sessions Judge, Majalgaon, District Beed, dated 01-01-2020, rejecting their applications for anticipatory bail in connection with Crime No.330 of 2019 registered at Police Station Sirsala, District Beed, for offences punishable under Sections 306, 143, 147, 149, 506 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged by respondent No.2, Mangalbai w/o Kisan Ujgare, alleging that her husband Kisan Ujgare committed suicide due to harassment by the appellants. The appellants contended that the deceased had earlier lodged an FIR against some of them, and the present FIR was a counter-blow. The court examined the FIR and found that the allegations did not make out a prima facie case for abetment to suicide under Section 306 IPC, as there was no direct or indirect act of instigation or aid. The court also noted that the essential ingredients of Section 3(2)(v) of the SC/ST Act were missing, as there was no allegation of intentional insult or intimidation in public view. Consequently, the court held that the bar under Section 18 of the SC/ST Act was not attracted. The court allowed the appeal and granted anticipatory bail to the appellants on certain conditions.
Headnote
A) Criminal Procedure - Anticipatory Bail - Section 438 CrPC read with Section 14-A(2) of SC/ST Act - Court considered whether prima facie case for abetment to suicide under Section 306 IPC exists - Held that mere registration of FIR under SC/ST Act does not attract bar under Section 18 if no prima facie case is made out (Paras 7-10). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(v) - Offence of committing atrocity against member of SC/ST - Requirement of intentional insult or intimidation with intent to humiliate in public view - Court found no such allegation in FIR - Held that essential ingredients are missing (Paras 8-9). C) Indian Penal Code, 1860 - Section 306 - Abetment to Suicide - Ingredients of abetment as defined under Section 107 IPC - Need for direct or indirect act of instigation or aid - Court found that deceased committed suicide due to previous enmity and not due to any act of appellants - Held that no prima facie case for abetment to suicide is made out (Paras 7-10).
Issue of Consideration
Whether the appellants are entitled to anticipatory bail under Section 438 of CrPC read with Section 14-A(2) of the SC/ST Act, and whether the bar under Section 18 of the SC/ST Act applies.
Final Decision
The appeal is allowed. The order dated 01-01-2020 passed by the learned Additional Sessions Judge, Majalgaon, Dist. Beed, rejecting the anticipatory bail applications is set aside. The appellants are directed to be released on anticipatory bail in Crime No.330/2019 registered with Police Station Sirsala, Dist. Beed, on executing PR bond of Rs.15,000/- each with one solvent surety each of the like amount, subject to certain conditions.
Law Points
- Anticipatory bail
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- 1989
- Section 14-A(2)
- Section 438 CrPC
- Abetment to suicide
- Section 306 IPC
- Prima facie case
- Ingredients of offence
- Bar under Section 18 of SC/ST Act
