Case Note & Summary
The present appeals arise from Crime No. 23 of 2019 registered at Kandhar Police Station, Nanded, for offences under Sections 324, 143, 147, 148, 149, 323, 504, 506 of the Indian Penal Code and Sections 3(1)(r), (s), (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellants, Jairam Shankarrao Tale, Mira Jairam Tale, and Savita Gajanan Ghume, filed appeals under Section 14-A(2) of the SC/ST Act against the rejection of their anticipatory bail applications by the Special Court. The first informant, Rahul Vishwanath Kamble, alleged that on 18.01.2019, the appellants assaulted him with sticks and fists, abused him with caste-related words, and threatened him, while he was standing in a lane near his house. The appellants, who are teachers, contended that the dispute was civil in nature regarding a property and that the allegations under the SC/ST Act were false and not made out. The court examined the FIR and found that the alleged incident occurred in a private lane, not in public view, and that the words used were not specifically on caste grounds. The court held that the ingredients of Sections 3(1)(r), (s), and (v) were not prima facie satisfied, and therefore the bar under Section 18 of the Act did not apply. The court granted anticipatory bail to all appellants on certain conditions, including that they shall not tamper with evidence, shall attend the police station as required, and shall not commit any offence. The appeals were allowed and the impugned orders were set aside.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Maintainability under SC/ST Act - Where the allegations in the FIR do not prima facie constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the bar under Section 18 of the Act does not apply and the court can entertain an application for anticipatory bail under Section 438 CrPC. The court must examine the FIR and material to see if the ingredients of the alleged offences are made out. (Paras 8-10) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(r) - Intentional Insult or Intimidation - Public View - For an offence under Section 3(1)(r), the insult or intimidation must be intentionally committed in public view to humiliate a member of SC/ST on caste basis. In the present case, the alleged incident occurred in a private lane and not in public view, and the words used were not specifically on caste grounds. Hence, no prima facie case under Section 3(1)(r) is made out. (Paras 11-12) C) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(s) - Intentional Insult or Intimidation - Caste Basis - Similar to Section 3(1)(r), the insult or intimidation must be with intent to humiliate on caste basis. The FIR lacks specific allegations that the accused used caste-related words or intended to humiliate the informant on caste grounds. Therefore, no prima facie case under Section 3(1)(s) is made out. (Paras 11-12) D) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(v) - Forcible Possession of Property - The provision requires that the accused forcibly dispossesses or takes possession of property belonging to a member of SC/ST. The FIR does not allege any such act; the dispute is about a civil property dispute. Hence, no prima facie case under Section 3(1)(v) is made out. (Para 12) E) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Grant of Bail - The court granted anticipatory bail to the appellants considering that the allegations under the SC/ST Act were not prima facie made out, the appellants were teachers with no criminal antecedents, and the investigation was complete. The court imposed conditions to ensure cooperation with investigation and to prevent tampering of evidence. (Paras 13-15)
Issue of Consideration
Whether the appellants are entitled to anticipatory bail under Section 438 CrPC when the FIR includes offences under the SC/ST Act, 1989, and whether the bar under Section 18 of the Act applies.
Final Decision
The appeals are allowed. The impugned orders rejecting anticipatory bail are set aside. The appellants are granted anticipatory bail in Crime No. 23 of 2019 on executing a PR bond of Rs. 15,000/- each with one solvent surety. Conditions include: they shall not tamper with evidence, shall attend the police station as required, shall not commit any offence, and shall furnish their address and contact details.
Law Points
- Anticipatory bail under Section 438 CrPC is maintainable even when Section 18 of SC/ST Act bars it if prima facie offence under the Act is not made out
- Section 14-A(2) of SC/ST Act provides for appeal against refusal of anticipatory bail
- Ingredients of Section 3(1)(r) require intentional insult or intimidation in public view to humiliate on caste basis
- Section 3(1)(s) requires intentional insult or intimidation with intent to humiliate on caste basis
- Section 3(1)(v) requires forcible possession of property belonging to SC/ST member.
