Case Note & Summary
The present appeal was filed by three appellants, namely Gayatri Sanjay Jaitmal, Baburao Rahuba Sonawane, and Padmabai Baburao Sonawane, challenging the order of the Sessions Court rejecting their application for pre-arrest bail in Crime No. 53 of 2019 registered at Pundaliknagar Police Station, Aurangabad. The crime was registered under Sections 498-A, 323, 504, 506 read with Section 34 of the Indian Penal Code (IPC) and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The complainant, Anita Akash Sonawane, alleged that she was married to Gokul Rangnath Adsule, but due to marital discord, the marriage was dissolved. She later came in contact with Akash Baburao Sonawane, son of appellants No.2 and 3, and developed a love affair. The complainant alleged that the appellants subjected her to cruelty and harassment, and that appellant No.1, Gayatri, called her by her caste name in a private conversation, thereby insulting her in public view. The appellants contended that the allegations were false and that the essential ingredients of Section 3(1)(x) of the SC/ST Act were not made out, as the alleged insult was not in public view. The court examined the provisions of Section 3(1)(x) of the SC/ST Act, which requires that the intentional insult or intimidation with intent to humiliate a member of a Scheduled Caste or Scheduled Tribe must be committed in public view. The court noted that the alleged incident occurred in a private conversation between the complainant and appellant No.1, and there was no allegation that any other person was present. Therefore, the court held that no prima facie case under the SC/ST Act was made out. The court also considered the bar under Section 18 of the SC/ST Act, which prohibits the grant of anticipatory bail if a prima facie case under the Act exists. Since no prima facie case was made out, the bar was not attracted. The court further noted that the appellants were women and aged persons with no criminal antecedents, and the IPC offences were either bailable or non-grievous. Custodial interrogation was not required. Accordingly, the court allowed the appeal and granted pre-arrest bail to the appellants on certain conditions, including furnishing a personal bond of Rs. 15,000 each and one surety of the like amount, and cooperating with the investigation.
Headnote
A) Criminal Procedure Code - Pre-arrest Bail - Section 438 CrPC - Anticipatory Bail - Appellants sought pre-arrest bail in Crime No. 53/2019 for offences under IPC and SC/ST Act - Court considered the bar under Section 18 of the SC/ST Act but found that the allegations did not prima facie constitute an offence under Section 3(1)(x) as the alleged insult was not in public view - Held that anticipatory bail can be granted when no prima facie case under the Atrocities Act is made out (Paras 1-10). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Public View Requirement - Allegation of caste-based insult in private conversation - Complainant alleged that appellant No.1 called her by caste name in a private conversation - Court held that for an offence under Section 3(1)(x), the insult must be in public view, and a private conversation does not satisfy this requirement - Held that no prima facie case under the Act is made out (Paras 5-9). C) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Custodial Interrogation - Appellants are women and aged persons with no criminal antecedents - Offences under IPC are bailable or non-grievous - Court found that custodial interrogation is not required - Held that appellants are entitled to pre-arrest bail on certain conditions (Paras 10-12).
Issue of Consideration
Whether the appellants are entitled to pre-arrest bail under Section 438 CrPC read with Section 14-A(2) of the SC & ST (Prevention of Atrocities) Act, 1989, considering the bar under Section 18 of the Act and the nature of allegations.
Final Decision
Appeal allowed. The impugned order rejecting pre-arrest bail is set aside. The appellants are directed to be released on bail in Crime No. 53/2019 on furnishing a personal bond of Rs. 15,000 each and one surety of the like amount, subject to conditions including cooperating with investigation and not tampering with evidence.
Law Points
- Pre-arrest bail
- Section 438 CrPC
- Section 3(1)(x) SC/ST Act
- public view requirement
- prima facie case
- custodial interrogation
