Case Note & Summary
The judgment arises from three criminal appeals filed by Krishna Gaikwad, Aniket Bhosale, and Nandkishor Mutkule against a common order of the Ad-hoc Additional Sessions Judge, Parbhani, rejecting their applications for anticipatory bail under Section 438 CrPC in connection with Crime No. 130/2018 registered at New Mondha Police Station, Parbhani. The FIR was lodged by Kamlesh Sable, a minor, alleging that on 27th March 2018, while he and his friends were playing cricket, the appellants abused him using his caste name ("Mahar"), assaulted him with a stick causing injuries, and threatened him. The FIR invoked Sections 324, 504, 506 read with 34 IPC and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellants, all students aged 18-20, contended that the incident was a trivial quarrel over a cricket match and that the caste name was used in the heat of the moment without any intention to humiliate on caste grounds. They argued that no prima facie case under the SC/ST Act was made out, and therefore the bar under Section 18 of the Act did not apply. The State opposed the bail, submitting that the use of caste name itself attracts the Act. The court examined the FIR and the nature of allegations, noting that the incident arose from a sudden quarrel over a cricket match, and the use of the caste name appeared to be in the context of the altercation rather than with deliberate intent to insult or intimidate on caste basis. The court held that for an offence under Section 3(1)(r) and (s) of the Act, there must be intentional insult or intimidation with caste-based malice. Since the allegations did not prima facie disclose such intent, the bar under Section 18 of the Act was not attracted. Consequently, the court allowed the appeals, set aside the trial court's order, and granted anticipatory bail to each appellant on conditions including executing a PR bond of Rs. 15,000 with one surety, not tampering with evidence, and attending the police station as required.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Maintainability - Appellants sought pre-arrest bail in a case involving offences under IPC and SC/ST Act - Court held that where no prima facie case under the SC/ST Act is made out, the bar under Section 18 of the Act does not apply and anticipatory bail can be granted - Held that the court must examine the allegations to see if they prima facie constitute an offence under the Act (Paras 8-12). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Offence under Section 3(1)(r) and (s) - Prima Facie Case - Allegations of using caste name and assault - Court found that the incident arose from a trivial quarrel over a cricket match, not with intent to humiliate on caste grounds - Mere use of caste name without intention to insult does not attract the provisions - Held that no prima facie case under the Act is made out (Paras 13-16). C) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Bar under Section 18 of SC/ST Act - The bar applies only when a prima facie case under the Act exists - Since no such case was made out, the bar is not attracted - Held that the appellants are entitled to anticipatory bail (Paras 17-18).
Issue of Consideration
Whether the appellants are entitled to anticipatory bail under Section 438 CrPC when the FIR includes offences under the SC/ST Act, and whether a prima facie case under Section 3(1)(r) and (s) of the Act is made out against them.
Final Decision
Appeals allowed. The impugned order dated 12th February 2019 passed by the Ad-hoc Additional Sessions Judge, Parbhani is set aside. Each appellant is granted anticipatory bail in Crime No. 130/2018 on executing a PR bond of Rs. 15,000 with one surety of the like amount, subject to conditions including not tampering with evidence, attending the police station as required, and not committing similar offences.
Law Points
- Anticipatory bail under Section 438 CrPC is maintainable even when the SC/ST Act is invoked if no prima facie case is made out
- Prima facie case under Section 3(1)(r) and (s) of SC/ST Act requires intentional insult or intimidation with caste-based malice
- Mere use of caste name without intent to humiliate does not attract the Act
- Section 438 CrPC is not barred by Section 18 of SC/ST Act if no prima facie case exists
