Case Note & Summary
The case arises from an appeal filed by ten accused persons against the order of the Special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, rejecting their application for pre-arrest bail in Crime No. 222 of 2019 registered at Kurunda Police Station, Taluka Basmathnagar, District Hingoli. The FIR was lodged by respondent No. 2, Kausabai W/o Pandurang Kirwale, a 65-year-old woman belonging to a Scheduled Caste. The allegations were that on the date of the incident, the appellants, who are agriculturists from the same village, abused the complainant by calling her by her caste name and assaulted her. The FIR invoked Sections 143, 147, 323, and 506 of the Indian Penal Code, 1860, and Sections 3(1)(r) and 3(1)(s) of the SC/ST Act, 1989. The appellants approached the High Court under Section 14-A(2) of the SC/ST Act, which provides for an appeal against orders refusing anticipatory bail. The legal issue before the court was whether the bar under Section 18 of the SC/ST Act, which prohibits the grant of anticipatory bail in cases under the Act, would apply. The appellants argued that the allegations did not prima facie disclose an offence under the SC/ST Act because the mere use of a caste name without any insulting or humiliating intent does not attract the provisions. The respondent-State and the complainant opposed the bail, contending that the bar under Section 18 is attracted and that the appellants should not be granted anticipatory bail. The court analyzed the provisions of Section 3(1)(r) and (s) of the SC/ST Act, which require that the accused must intentionally insult or intimidate the victim with intent to humiliate on the ground of caste. The court found that the FIR merely stated that the appellants called the complainant by her caste name, but there was no allegation that they used any insulting language or that the caste name was used with the intent to humiliate her on caste grounds. The court held that the essential ingredient of intentional humiliation on caste basis was missing, and therefore the bar under Section 18 of the Act was not attracted. The court also noted that the appellants were agriculturists with no criminal antecedents and that the investigation was almost complete. Consequently, the court allowed the appeal, set aside the impugned order, and granted pre-arrest bail to the appellants subject to conditions, including furnishing a personal bond of Rs. 15,000 each with one surety, and directing them to cooperate with the investigation and not tamper with evidence.
Headnote
A) Criminal Procedure Code - Pre-Arrest Bail - Section 438 CrPC read with Section 14-A(2) SC/ST Act - Anticipatory Bail - The appellants sought pre-arrest bail in Crime No. 222/2019 for offences under Sections 143, 147, 323, 506 IPC and Sections 3(1)(r)(s) of SC/ST Act, 1989. The court examined whether the bar under Section 18 of the Act applies. Held that where the allegations do not prima facie disclose an intent to humiliate on the ground of caste, the bar is not attracted and anticipatory bail can be granted. (Paras 1-10) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Offence under Section 3(1)(r)(s) - Intent to Humiliate - The complainant alleged that the accused abused her by calling her by her caste name. The court found that the mere use of a caste name, without any accompanying insult or intent to humiliate on caste basis, does not constitute an offence under Section 3(1)(r)(s). Held that the essential ingredient of intentional humiliation on caste grounds is missing, and therefore the bar under Section 18 does not apply. (Paras 5-10) C) Criminal Procedure Code - Pre-Arrest Bail - Section 438 CrPC - Conditions for Grant - The court considered the nature and gravity of the accusation, the antecedents of the appellants, and the possibility of their fleeing from justice. Held that the appellants, being agriculturists with no criminal antecedents, are entitled to pre-arrest bail subject to conditions to ensure their presence during investigation and trial. (Paras 8-10)
Issue of Consideration
Whether the appellants are entitled to pre-arrest bail under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, 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 appellants are directed to be released on pre-arrest bail in Crime No. 222/2019 on furnishing a personal bond of Rs. 15,000 each with one surety of the like amount, subject to conditions including cooperating with the investigation, not tampering with evidence, and not committing any offence while on bail.
Law Points
- Pre-arrest bail
- Section 438 CrPC
- Section 14-A(2) SC/ST Act
- prima facie case
- intent to humiliate on caste basis
- use of caste name without insult
- bar under Section 18 SC/ST Act
- anticipatory bail in atrocity cases
