Case Note & Summary
The appellant, Dada @ Anil s/o Navnath Murkute, filed a criminal appeal under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Atrocities Act) against the order dated 19.06.2020 passed by the learned Additional Sessions Judge, Shrigonda, rejecting his anticipatory bail application in Criminal Misc. Application No. 340/2020. The first informant, Rahul Ajinath Adsul, a member of the Hindu Mahar caste, alleged that on 07.06.2020 at about 10.55 a.m., while returning from a hospital with his wife, he found the appellant and another person talking on a tractor, blocking the road. When the first informant asked them to move, the appellant allegedly abused him with caste-related words such as "Mahar" and "Maharachi pod" and threatened him. The appellant was charged under Sections 504, 506 of the Indian Penal Code, 1860 and Section 3(1)(x) of the Atrocities Act. The Sessions Court rejected bail citing the bar under Section 18 of the Atrocities Act. The High Court examined the FIR and found that the incident arose from a traffic dispute, not due to the first informant's caste. The court held that the essential ingredient of the offence under Section 3(1)(x) is that the insult or intimidation must be on account of the victim being a member of a Scheduled Caste or Scheduled Tribe. Since the altercation was over a road blockage, the caste-based insult was not the cause. Additionally, the court noted that the alleged abusive words were not uttered in public view with intent to humiliate, as required by the provision. Therefore, no prima facie case under the Atrocities Act was made out, and the bar under Section 18 did not apply. The court allowed the appeal, set aside the impugned order, and granted anticipatory bail to the appellant on certain conditions.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Section 14-A SC/ST Act - The court considered whether the bar under Section 18 of the Atrocities Act applies when the allegations do not prima facie constitute an offence under the Act. Held that if the accusations do not make out a case under the Atrocities Act, the bar is not attracted and anticipatory bail can be granted (Paras 8-12). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Offence under Section 3(1)(x) - Intent to Humiliate - The essential ingredient is that the insult or intimidation must be on account of the victim being a member of a Scheduled Caste or Scheduled Tribe. In this case, the altercation arose from a traffic dispute and not due to caste, hence no prima facie case under the Act (Paras 13-15). C) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Public View - Section 3(1)(x) - The alleged incident occurred on a public road, but the court noted that the insult was not intended to be heard by others or to humiliate in public view; it was a private altercation. Therefore, the offence under Section 3(1)(x) is not made out (Paras 16-18).
Issue of Consideration
Whether the appellant is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 read with Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, when the allegations do not prima facie disclose an offence under the Atrocities Act.
Final Decision
The appeal is allowed. The impugned order dated 19.06.2020 passed by the learned Additional Sessions Judge, Shrigonda in Criminal Misc. Application No. 340/2020 is set aside. The appellant is directed to be released on anticipatory bail in connection with Crime No. 107/2020 registered with Karjat Police Station, District Ahmednagar, on executing a PR bond of Rs. 25,000/- with one solvent surety of the like amount, subject to conditions including attendance as required, not tampering with evidence, and not leaving India without court permission.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Section 14-A SC/ST Act
- Prima facie case
- Intent to humiliate
- Caste-based insult
- Public view
