Case Note & Summary
The appellant, Kadubal Govind Gore, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) against the order dated 26-10-2018 passed by the Additional Sessions Judge, Newasa, rejecting his application for pre-arrest bail in Crime No. I-661 of 2018 registered at Newasa Police Station under Sections 3(1)(r) and 3(1)(s) of the SC/ST Act. The prosecution case was that the first informant, Vijay Shirsath, lodged a report on 14-10-2018 alleging that on 13-07-2018, the appellant and his clerk attempted to sell brass articles of a temple trust without authorization. The first informant, who belonged to a Scheduled Caste, claimed that the appellant used caste-based derogatory language against him when he objected. The appellant contended that the allegations were false and an afterthought in a property dispute, and that no prima facie case under the SC/ST Act was made out. The court analyzed the FIR and found that the alleged caste-based insults were vague and appeared to be an afterthought, as the primary dispute was about misappropriation of trust property. The court held that the bar under Section 18 of the SC/ST Act does not apply when the allegations do not prima facie constitute an offence under the Act. Consequently, the court allowed the appeal, set aside the impugned order, and granted pre-arrest bail to the appellant on certain conditions.
Headnote
A) Criminal Procedure - Pre-arrest Bail - Section 438 CrPC read with Section 14-A(2) of SC/ST Act - Bar under Section 18 - The court considered whether the bar under Section 18 of the SC/ST Act applies when no prima facie case of caste-based insult is made out. Held that the bar is not absolute and if the allegations are false or an afterthought, pre-arrest bail can be granted. (Paras 1-10) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(r) and 3(1)(s) - Intent to Humiliate - The court examined whether the alleged utterances were made with intent to humiliate the complainant on caste basis. Held that the allegations were vague and appeared to be an afterthought in a property dispute, thus no prima facie case under the Act. (Paras 3-8) C) Criminal Procedure - Anticipatory Bail - Section 438 CrPC - Application to SC/ST Act - The court clarified that the bar under Section 18 of the SC/ST Act does not apply if the complaint is mala fide or lacks prima facie ingredients. Held that the appellant is entitled to pre-arrest bail as the allegations do not attract the provisions of the Act. (Paras 9-10)
Issue of Consideration
Whether the appellant is entitled to pre-arrest bail under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, despite the bar under Section 18 of the Act, when the allegations of caste-based insults appear to be an afterthought in a property dispute.
Final Decision
Appeal allowed. Impugned order dated 26-10-2018 set aside. Appellant granted pre-arrest bail in Crime No. I-661 of 2018 on executing a PR bond of Rs. 25,000 with one surety, and on conditions including not tampering with evidence and appearing before the investigating officer as required.
Law Points
- Pre-arrest bail
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- 1989
- Prima facie case
- Intent to humiliate
- Bar under Section 18
- Anticipatory bail
