Case Note & Summary
The judgment pertains to two criminal appeals filed by the appellants against the order dated 05-03-2019 passed by the Additional Sessions Judge (Special Judge SC & ST), Aurangabad, rejecting their anticipatory bail application under Section 438 CrPC in Crime No. 81 of 2019 registered at Mukundwadi Police Station, Aurangabad. The FIR was lodged by respondent No. 3, Pooja W/o Harshit Naidu, alleging offences under Sections 328, 324, 452, 463, 506, 427 read with 34 IPC and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellants, Jyostana Ashok Patil, Pooja Duryodhan Ghuge Patil, and Sheetal Prashant Dawkar, are young women students who sought pre-arrest bail apprehending arrest. The trial court rejected their application primarily on the ground that Section 18 of the SC/ST Act bars anticipatory bail when the FIR discloses an offence under the Act. The appellants then approached the High Court under Section 14-A(2) of the Act. The High Court examined the FIR and found that the allegations were prima facie false and that the essential ingredients of Section 3(1)(r)(s) were not made out, as the alleged incident occurred inside a house and not in public view. The court noted that the dispute appeared to be a result of a personal grudge and that the appellants were students with no criminal antecedents. The court held that the bar under Section 18 of the Act does not apply when the allegations are prima facie false and the offence under the Act is not made out. Consequently, the court allowed the appeals, set aside the impugned order, and granted anticipatory bail to the appellants on certain conditions, including furnishing a PR bond of Rs. 15,000 each and not tampering with evidence.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Pre-arrest bail - Appellants sought anticipatory bail in a case registered under Sections 328, 324, 452, 463, 506, 427 read with 34 IPC and Section 3(1)(r)(s) of SC/ST Act - The trial court rejected the application citing bar under Section 18 of SC/ST Act - The High Court held that where the allegations are prima facie false and the ingredients of the SC/ST Act are not made out, the bar under Section 18 does not apply - The court granted anticipatory bail to the appellants (Paras 1-10). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(r)(s) - Public View - Allegations of insult and intimidation - The FIR alleged that the appellants abused the complainant with caste names in a private place - The court noted that the incident occurred inside a house, not in public view, and thus the essential ingredient of Section 3(1)(r)(s) was missing - Held that the bar under Section 18 of the Act is not attracted when the offence under the Act is not prima facie made out (Paras 5-8). C) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Prima Facie Case - The court examined the FIR and found that the allegations were vague and lacked specific details - The appellants were students and the dispute appeared to be a result of a personal grudge - The court concluded that the custodial interrogation was not necessary and granted bail with conditions (Paras 9-10).
Issue of Consideration
Whether the appellants are entitled to anticipatory bail under Section 438 CrPC read with Section 14-A(2) of the SC/ST Act, 1989, when the FIR alleges offences under the SC/ST Act and the bar under Section 18 of the Act applies.
Final Decision
The appeals are allowed. The impugned order dated 05-03-2019 passed by the Additional Sessions Judge (Special Judge SC & ST), Aurangabad, is set aside. The appellants are granted anticipatory bail in Crime No. 81 of 2019 registered at Mukundwadi Police Station, Aurangabad, on furnishing PR bond of Rs. 15,000 each with one surety of like amount, subject to conditions including not tampering with evidence and not leaving the jurisdiction without court permission.
Law Points
- Anticipatory bail under Section 438 CrPC
- Section 14-A(2) of SC/ST Act
- Prima facie case
- Bar under Section 18 of SC/ST Act
- False implication
- Public view requirement for Section 3(1)(r)(s)
