Case Note & Summary
The present appeal was filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the orders dated 01-03-2019 and 16-05-2019 passed by the Additional Sessions Judge, Dhule, rejecting the anticipatory bail applications of the appellants in Crime No. 129 of 2015 registered at Dhule City Police Station for offences under Sections 498-A, 323, 504, 506, 406, 313, 417, 494 read with Section 34 of the Indian Penal Code and Section 3(1)(x) of the SC/ST Act. The complainant, Jyoti Nitin Mandole, filed a private complaint alleging that she was subjected to cruelty and harassment for dowry by her husband and in-laws, and that she was insulted on the basis of her caste. The appellants, who are the parents and brother of the husband, sought anticipatory bail contending that the allegations against them were general and vague, and that the complaint was filed after a delay of about two years. The State opposed the bail citing the bar under Section 18 of the SC/ST Act. The High Court, after hearing the parties, observed that the complaint was lodged after a considerable delay and that the allegations against the appellants were omnibus in nature without specific instances of caste-based insults. The court held that the bar under Section 18 of the SC/ST Act is not absolute and can be lifted if the complaint does not prima facie disclose the commission of an offence under the Act. Accordingly, the court allowed the appeal and granted anticipatory bail to the appellants on certain conditions.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 - Prima Facie Case - The court considered the application for anticipatory bail in a case involving allegations of dowry harassment and caste-based insults. Held that where the complaint is delayed and allegations against in-laws are general and lacking specific instances, the bar under Section 18 of the SC/ST Act may not apply and bail can be granted (Paras 5-8). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 18 - Bar on Anticipatory Bail - Section 18 of the Act imposes a bar on granting anticipatory bail, but the bar is not absolute. Held that if the complaint does not prima facie disclose the commission of an offence under the Act, the bar can be lifted (Para 6). C) Indian Penal Code, 1860 - Sections 498-A, 323, 504, 506, 406, 313, 417, 494 - Dowry Harassment - The court examined the allegations of cruelty and dowry demand against the husband and in-laws. Held that general and omnibus allegations against in-laws without specific overt acts do not justify custodial interrogation (Paras 5-7).
Issue of Consideration
Whether the appellants are entitled to anticipatory bail in a case involving offences under IPC and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, considering the bar under Section 18 of the Act.
Final Decision
The appeal is allowed. The impugned orders dated 01-03-2019 and 16-05-2019 are set aside. The appellants are granted anticipatory bail in Crime No. 129 of 2015 on executing a PR bond of Rs. 25,000 each with one surety each, and on conditions that they shall not tamper with evidence or influence witnesses, and shall attend the police station as required.
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
- Delay in lodging complaint
- General allegations against in-laws
