Case Note & Summary
The appellant, Sri Syed Parveez Mushraff, accused No.2 in Crime No.205/2025 registered at Mahadevapura Police Station, Bengaluru, filed an appeal under Section 14(A)(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) seeking regular bail. The case was pending as Spl.C.C.No.1119/2025 before the LXX Additional City Civil and Sessions Judge, Bengaluru (CCH-71). The appellant had been arrested for alleged offences under Sections 115(2), 126(2), 351(2), 351(3), 352, 64 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sections 3(1)(r), 3(1)(w)(i)(ii), 3(2)(v) of the SC/ST Act. The appellant's bail application (Crl.Misc.No.4289/2025) was rejected by the trial court, leading to the present appeal. The appellant, represented by Sri Naushad Pasha, argued that the allegations were false and that there was no prima facie case under the SC/ST Act as the alleged acts were not committed on the ground of caste. The State, represented by Addl. SPP Smt. Pushpalatha, opposed the bail, citing the seriousness of the offences and the bar under Section 18 of the SC/ST Act. The court examined the complaint and found that the allegations did not specifically state that the accused insulted or intimidated the victim on the ground of caste. The court noted that the victim's statement only mentioned that the accused abused her with filthy language and threatened her, but did not indicate that the abuse was caste-based. The court held that without a specific averment of caste-based intent, a prima facie case under the SC/ST Act is not made out, and therefore the bar under Section 18 does not apply. The court allowed the appeal, set aside the trial court's order, and granted bail to the appellant subject to conditions: the appellant shall execute a personal bond of Rs.1,00,000 with two sureties, shall not tamper with evidence or threaten witnesses, shall appear before the trial court on all hearing dates, and shall not commit similar offences. The court clarified that the observations were only for the purpose of bail and shall not influence the trial.
Headnote
A) Criminal Law - Bail - SC/ST Act - Prima Facie Case - Section 14(A)(2) of SC/ST (POA) Act, 1989 - The appellant sought bail for offences under BNS and SC/ST Act. The court examined whether a prima facie case exists for the offences under the SC/ST Act, particularly the requirement of caste-based intent. Held that the allegations do not prima facie disclose that the accused insulted or intimidated the victim on the ground of caste, and thus the bar under Section 18 is not attracted. (Paras 1-10) B) Criminal Law - Bail - SC/ST Act - Bar under Section 18 - Section 18 of SC/ST (POA) Act, 1989 - The court considered the bar under Section 18 which restricts bail unless a prima facie case is not made out. Held that since the allegations lack specific averments of caste-based intent, the bar does not apply, and the appellant is entitled to bail. (Paras 8-10) C) Criminal Law - Bail - Conditions - Section 14(A)(2) of SC/ST (POA) Act, 1989 - The court granted bail subject to conditions including furnishing a bond, not tampering with evidence, and appearing before the trial court. Held that the appellant shall be released on bail on executing a personal bond of Rs.1,00,000 with two sureties. (Para 11)
Issue of Consideration
Whether the appellant is entitled to regular bail under Section 14(A)(2) of the SC/ST (POA) Act, 1989, considering the allegations and the bar under Section 18 of the Act.
Final Decision
The appeal is allowed. The impugned order dated 24.05.2025 passed in Crl.Misc.No.4289/2025 by the LXX Additional City Civil and Sessions Judge, Bengaluru (CCH-71) is set aside. The appellant is ordered to be released on regular bail in Crime No.205/2025 (Spl.C.C.No.1119/2025) subject to conditions: executing a personal bond of Rs.1,00,000 with two sureties, not tampering with evidence, appearing before the trial court on all hearing dates, and not committing similar offences.
Law Points
- Bail under Section 14(A)(2) of SC/ST (POA) Act
- 1989
- Prima facie case
- Caste-based intent
- Section 3(1)(r)
- 3(1)(w)(i)(ii)
- 3(2)(v) of SC/ST Act
- Section 115(2)
- 126(2)
- 351(2)
- 351(3)
- 352
- 64 r/w 3(5) of BNS
- 2023
