Case Note & Summary
The judgment pertains to two criminal appeals filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeking pre-arrest bail in connection with Crime No. 292 of 2018 registered at Nandurbar City Police Station. The appellants, Yuvraj Mohansingh Pardeshi, Sudarshan Krishnasingh Pardeshi, and Ketan Dilipsingh Raghuvanshi (Pardeshi), were accused of offences under Sections 143, 147, 323, 504 read with Section 149 and 395 of the Indian Penal Code, as well as Section 3(1)(r)(s) of the SC/ST Act. The incident occurred on 03-09-2018 during the celebration of the Gokulasthmi Festival in Nandurbar town, where a Dahihandi event was arranged. The first informant, Pintu Narendra Maske, alleged that the appellants abused him with caste-related words and assaulted him. The court examined the allegations and found that the incident arose out of a dispute during the festival and there was no specific allegation that the accused intended to humiliate the complainant on the ground of caste. The court held that the essential ingredient of the offence under Section 3(1)(r)(s) is the intention to humiliate a member of SC/ST on the ground of caste, which was absent. Consequently, the bar under Section 18 of the Act did not apply, and the court granted anticipatory bail to the appellants on certain conditions.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 - Pre-arrest bail in SC/ST Act cases - The court considered the application for anticipatory bail under Section 14-A(2) of the SC/ST Act read with Section 438 CrPC. The court held that where the allegations do not prima facie disclose the ingredients of the offence under Section 3(1)(r)(s) of the SC/ST Act, the bar under Section 18 of the Act does not apply and the court can grant anticipatory bail. (Paras 1-10) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(r)(s) - Ingredients of offence - Intent to humiliate on caste grounds - The court examined the allegations and found that the incident arose out of a dispute during a festival celebration and there was no specific allegation that the accused intended to humiliate the complainant on the ground of caste. The court held that the essential ingredient of the offence under Section 3(1)(r)(s) is the intention to humiliate a member of SC/ST on the ground of caste, which was absent in the present case. (Paras 3-8) C) Criminal Procedure Code - Anticipatory Bail - Section 438 - Bar under Section 18 of SC/ST Act - The court clarified that the bar under Section 18 of the SC/ST Act applies only when a prima facie case is made out. If the allegations do not make out a prima facie case under the Act, the bar is not attracted and the court can exercise its discretion to grant anticipatory bail. (Paras 9-10)
Issue of Consideration
Whether the appellants are entitled to pre-arrest bail in an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, when the allegations do not prima facie disclose the ingredients of the offence under Section 3(1)(r)(s) of the Act.
Final Decision
Both appeals are allowed. The appellants are granted anticipatory bail in Crime No. 292 of 2018 on executing a PR bond of Rs. 25,000/- each with one surety. They are directed to attend the police station as required and not tamper with evidence.
Law Points
- Anticipatory bail under Section 438 CrPC
- Section 14-A(2) of SC/ST Act
- Prima facie case
- Intent to humiliate on caste grounds
- Public view requirement
