Case Note & Summary
The judgment pertains to 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 pre-arrest bail under Section 438 CrPC in Crime No. 130/2018 registered at New Mondha Police Station. The FIR was lodged by Kamlesh Sable, alleging offences under Sections 324, 504, 506 IPC and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The incident allegedly involved a quarrel where the appellants used abusive language and assaulted the complainant, who belongs to a Scheduled Caste. The appellants argued that the allegations were false and that there was no specific intent to humiliate on caste grounds, as the quarrel arose from a personal dispute. The State opposed bail, citing the bar under Section 18 of the SC/ST Act. The court analyzed the FIR and found that the allegations did not prima facie disclose any intention to insult or humiliate the complainant on caste basis; the use of caste name appeared incidental to a personal altercation. The court held that the bar under Section 18 of the SC/ST Act applies only when a prima facie case under the Act is made out. Since no such case was established, the court granted pre-arrest bail to all three appellants on certain conditions, including furnishing a personal bond and surety, and not tampering with evidence.
Headnote
A) Criminal Procedure Code - Pre-arrest Bail - Section 438 CrPC - Anticipatory Bail - Appellants sought pre-arrest bail in crime under Sections 324, 504, 506 IPC and Section 3(1)(r)(s) of SC/ST Act - Court held that where allegations do not prima facie disclose intent to humiliate on caste basis, bar under Section 18 of SC/ST Act is not attracted - Held that pre-arrest bail can be granted if no prima facie case of caste-based insult is made out (Paras 1-10). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(r)(s) - Prima Facie Case - Allegations of using caste name without specific intent to insult - Court examined FIR and found no overt act indicating caste-based humiliation - Held that mere mention of caste name in quarrel does not attract provisions of Act - Pre-arrest bail granted (Paras 5-10).
Issue of Consideration
Whether the appellants are entitled to pre-arrest bail under Section 438 CrPC when the FIR alleges offences under Sections 324, 504, 506 IPC and Section 3(1)(r)(s) of the SC/ST Act, 1989, and whether the bar under Section 18 of the SC/ST Act applies.
Final Decision
The appeals are allowed. The impugned order is set aside. Each appellant is granted pre-arrest bail in Crime No. 130/2018 on furnishing a personal bond of Rs. 15,000/- with one surety of like amount. They are directed to attend the police station as required and not tamper with evidence.
Law Points
- Pre-arrest bail
- Section 438 CrPC
- Section 3(1)(r)(s) SC/ST Act
- prima facie case
- intent to humiliate
- caste-based insult
- anticipatory bail
- inherent powers
