Case Note & Summary
The present appeal was filed by Raju @ Rajendra Dashrath Khaire and Mahendra @ Anna Rajendra Khaire against the order of the Sessions Court rejecting their application for pre-arrest bail in Crime No. I-61 of 2019 registered at Shrirampur City Police Station, District Ahmednagar. The FIR was lodged by Sharada Shivaji Desai, the respondent No. 2, alleging offences under Sections 354, 324, 504, 506 of the Indian Penal Code (IPC) and Sections 3(1)(w)(i) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act of 1989). The prosecution case was that on 09-01-2019, the appellants assaulted the complainant and her husband with sticks and a sickle, and abused them with caste names, due to a dispute over agricultural land. The appellants contended that the dispute was purely civil in nature regarding land, and the allegations under the Act of 1989 were false and an afterthought to prevent them from seeking bail. They argued that there was no prima facie case under the Act, and therefore the bar under Section 18 of the Act was not applicable. The State opposed the bail, submitting that the complainant belonged to a Scheduled Caste and the appellants had intentionally insulted her on caste basis. The court analyzed the FIR and found that the incident arose from a land dispute, and there was no specific allegation that the appellants intended to humiliate the complainant on caste basis. The court noted that the use of caste names in the context of a land dispute does not automatically attract the provisions of the Act. The court held that the bar under Section 18 of the Act applies only when a prima facie case under the Act is made out. Since the allegations did not prima facie disclose an offence under the Act, the appellants were entitled to pre-arrest bail. The court allowed the appeal and granted pre-arrest bail to the appellants on certain conditions.
Headnote
A) Criminal Procedure - Pre-arrest Bail - Section 14-A(2) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Prima Facie Case - The court considered whether the bar under Section 18 of the Act applies when the allegations do not prima facie disclose an offence under the Act - Held that where the incident arises from a land dispute and there is no specific allegation of caste-based insult, the bar is not attracted and pre-arrest bail can be granted (Paras 2-10). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(w)(i) and 3(2)(va) - Intent to Humiliate - The court examined whether the alleged acts of assault and criminal intimidation were committed with intent to humiliate the complainant on caste basis - Held that the allegations must show a clear nexus with caste identity; mere use of caste name or occurrence in a land dispute is insufficient to attract the provisions (Paras 5-9).
Issue of Consideration
Whether the appellants are entitled to pre-arrest bail under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, when the allegations arise from a land dispute and there is no prima facie evidence of intent to humiliate the complainant on caste basis.
Final Decision
The appeal is allowed. The impugned order rejecting pre-arrest bail is set aside. The appellants are directed to be released on bail in Crime No. I-61 of 2019 on executing a PR bond of Rs. 15,000/- each with one solvent surety. They must attend the police station as required and not tamper with evidence or influence witnesses.
Law Points
- Pre-arrest bail
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- 1989
- Section 14-A(2)
- Prima facie case
- Intent to humiliate on caste basis
- Land dispute
