Case Note & Summary
The present appeal was filed by Nitin Sampatrao Maske and Baliram Ganesh Raut against the order of the Sessions Court rejecting their application for pre-arrest bail in Crime No. 187 of 2018 registered at Bori Police Station, Parbhani, for offences under Sections 354-A, 504, 506 IPC and Section 3(1)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution case was that on 17-12-2018 at about 9:15 p.m., the complainant Nilawatibai Maroti Jogdand, a woman belonging to a Scheduled Caste, was at home with her daughter when the appellants knocked on her door. Upon opening, appellant Baliram allegedly caught her hand and demanded physical relations, and when she refused, both appellants abused her by calling her 'Mangte', a caste name, and threatened her. The appellants, who were students, contended that the allegations were false and that they had no intention to humiliate the complainant on caste grounds. The court examined the bar under Section 18 of the SC/ST Act, which prohibits anticipatory bail, but held that the bar applies only when a prima facie case under the Act is made out. The court found that the mere use of the word 'Mangte' without any surrounding circumstances indicating intent to humiliate on caste basis, and the fact that the incident occurred inside the complainant's house (not in public view), did not prima facie constitute an offence under Section 3(1)(w) of the Act. The court also noted that the appellants had no criminal antecedents and were pursuing education. Consequently, the court allowed the appeal, set aside the Sessions Court's order, and granted pre-arrest bail to the appellants on certain conditions.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Pre-arrest bail can be granted even in cases under SC/ST Act if no prima facie case is made out - The bar under Section 18 of the Act applies only when the allegations prima facie constitute an offence under the Act. (Paras 6-10) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(w) - Casteist Abuse - Requirement of Intent and Public View - Mere use of caste name 'Mangte' without evidence of intent to humiliate or in public view does not attract the offence - The court must examine the context and surrounding circumstances to determine if the insult was intended to be on caste lines. (Paras 7-9) C) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Factors for Grant - The court considers nature and gravity of accusation, antecedents, possibility of fleeing justice, and whether custodial interrogation is necessary - In the present case, the appellants were students with no criminal antecedents, and the allegations did not warrant custodial interrogation. (Paras 10-12)
Issue of Consideration
Whether the appellants are entitled to pre-arrest bail under Section 438 CrPC read with Section 14-A(2) of the SC/ST Act, given the bar under Section 18 of the Act, when the allegations of casteist abuse are not supported by prima facie evidence of intent to humiliate on caste grounds.
Final Decision
The appeal is allowed. The impugned order of the Sessions Court is set aside. The appellants are granted pre-arrest bail in Crime No. 187 of 2018 registered with Bori Police Station, on executing a PR bond of Rs. 15,000/- each with one surety of like amount, subject to conditions including attendance as required, not tampering with evidence, and not committing similar offences.
Law Points
- Pre-arrest bail under Section 438 CrPC
- Section 14-A(2) of SC/ST Act
- Prima facie case for atrocity
- Intent to humiliate on caste basis
- Requirement of public view for casteist abuse
- Anticipatory bail not barred under Section 18 of SC/ST Act if no prima facie case
