Case Note & Summary
The appellant, Snehal Aniket Bhosle, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order of the Additional Sessions Judge, Shrigonda, which rejected her application for pre-arrest bail in Crime No. I-708 of 2019. The crime was registered under Sections 376, 323, 504, 506 read with 34 of the Indian Penal Code and Section 3(1)(w)(r)(s) of the SC/ST Act. The first information report was lodged by the prosecutrix on 23-06-2019, alleging that one Lakhan Kumar Kakade developed an immoral relationship with her under the pretext of marriage and repeatedly raped her. It was also alleged that the appellant, along with others, helped the accused in the sexual assault. The appellant sought pre-arrest bail, which was denied by the trial court. The High Court, after hearing the parties, observed that the allegations under the SC/ST Act were not prima facie made out as there was no intention to humiliate the victim on caste basis. The court noted that the appellant was a woman and her role was limited to aiding the main accused. The court granted pre-arrest bail to the appellant subject to conditions, including furnishing a personal bond and surety, and cooperating with the investigation.
Headnote
A) Criminal Procedure Code - Pre-arrest Bail - Section 438 CrPC - Anticipatory Bail - The court considered the application for pre-arrest bail in a case involving allegations of rape and offences under the SC/ST Act. The court held that the ingredients of the SC/ST Act were not made out as there was no intention to humiliate the victim on caste basis. The court granted bail subject to conditions. (Paras 1-10) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Offences under Section 3(1)(w)(r)(s) - Prima Facie Case - The court examined whether the allegations attracted the provisions of the SC/ST Act. It held that the mere fact that the victim belongs to a scheduled caste does not automatically attract the Act unless there is specific intent to humiliate on caste grounds. The court found that the allegations were primarily of a sexual nature and not caste-based. (Paras 5-8) C) Indian Penal Code, 1860 - Rape - Sections 376, 323, 504, 506 read with 34 IPC - Bail - The court considered the gravity of the offence of rape but noted that the appellant was a woman and the allegations of rape were against a male co-accused. The court found that the appellant's role was limited to aiding the main accused, and she was entitled to bail. (Paras 3-9)
Issue of Consideration
Whether the appellant is entitled to pre-arrest bail under Section 438 CrPC read with Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, given the allegations of rape and caste-based insults.
Final Decision
The appeal is allowed. The impugned order is set aside. The appellant is directed to be released on pre-arrest bail on furnishing a personal bond of Rs. 15,000/- with one surety of the like amount. The appellant shall cooperate with the investigation and not tamper with evidence.
Law Points
- Pre-arrest bail
- SC/ST Act
- Section 438 CrPC
- Section 14-A(2) of SC/ST Act
- Prima facie case
- Intent to humiliate on caste basis
