Case Note & Summary
The appellant, Jayshree @ Jaya Jagdishlal Jaiswal, was the original accused No. 3 in Crime No. 186 of 2019 registered at Kadim Jalna Police Station, District Jalna, for offences under Sections 325, 323, 504, 506 read with Section 34 of the Indian Penal Code (IPC) and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act of 1989). The complainant, Arvind Pandurang Wankhede, alleged that on 11-05-2019 at about 10:30 p.m., after attending a marriage anniversary programme, he and his wife were passing by the house of Vishal Jaiswal when Vishal's dog started barking. When the complainant tried to quiet the dog, the appellant and other accused persons came out and abused him, assaulted him with sticks, and allegedly used caste-related slurs. The appellant filed an application for pre-arrest bail before the Special Court, which was rejected. She then preferred the present appeal under Section 14-A(2) of the Act of 1989. The main legal issue was whether the bar under Section 18 of the Act of 1989 against granting anticipatory bail applies when the allegations do not prima facie disclose an intention to humiliate the complainant on the ground of caste. The appellant argued that the incident was a result of a trivial quarrel over a dog barking and that there was no caste-based intent. The State and the complainant opposed the bail, contending that the bar under Section 18 applied. The court analyzed the ingredients of Sections 3(1)(r) and 3(1)(s) of the Act and found that the allegations did not prima facie show that the accused intended to humiliate the complainant on the ground of his caste. The court noted that the incident arose from a sudden quarrel over a dog barking and that the alleged caste remarks were made in the heat of the moment without any prior enmity or planning. The court held that the bar under Section 18 is not absolute and if the allegations do not make out a prima facie case under the Act, the court can grant pre-arrest bail. Accordingly, the court allowed the appeal and granted pre-arrest bail to the appellant on certain conditions.
Headnote
A) Criminal Procedure - Pre-arrest Bail - Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Bar under Section 18 - The court considered whether the bar under Section 18 of the Act applies when the allegations do not prima facie disclose an intention to humiliate the complainant on the ground of caste. Held that the bar is not absolute and if the allegations do not make out a prima facie case under the Act, the court can grant pre-arrest bail. (Paras 1-10) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(1)(r) and 3(1)(s) - Intent to Humiliate - The court examined the ingredients of Sections 3(1)(r) and 3(1)(s) and found that the incident arose from a trivial quarrel over a dog barking, and there was no evidence that the accused intended to humiliate the complainant on the ground of his caste. Held that the essential ingredients of the offences under the Act are not made out. (Paras 5-8) C) Criminal Procedure - Anticipatory Bail - Section 438 of Code of Criminal Procedure, 1973 - Applicability to SC/ST Act - The court noted that the appellant had invoked the remedy under Section 14-A(2) of the Act, which provides for an appeal against refusal of anticipatory bail. The court applied the principles of Section 438 Cr.P.C. while considering the appeal. Held that the appellant is entitled to pre-arrest bail as there is no prima facie case under the Act. (Paras 2, 9-10)
Issue of Consideration
Whether the appellant is entitled to pre-arrest bail under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, despite the bar under Section 18 of the Act, when the allegations do not prima facie disclose an intent to humiliate the complainant on the ground of caste.
Final Decision
The appeal is allowed. The impugned order rejecting pre-arrest bail is set aside. The appellant is directed to be released on bail in Crime No. 186 of 2019 on executing a PR bond of Rs. 15,000/- with one solvent surety. The appellant shall not tamper with prosecution evidence or influence witnesses, and shall attend the police station as required.
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
- Bar under Section 18
- Anticipatory bail
