Case Note & Summary
The appellants, seven individuals, filed a criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the rejection of their pre-arrest bail application by the trial court. The appeal arose from Crime No. 188 of 2019 registered at Hadgaon Police Station, Nanded, for offences under Sections 143 (unlawful assembly), 323 (voluntarily causing hurt), and 504 (intentional insult with intent to provoke breach of peace) of the Indian Penal Code, and Section 3(1)(r)(s) of the SC/ST Act. The complainant, Latabai Dattrao Gajbhare, alleged that on 10-10-2019, the appellants abused her and assaulted her. However, the court noted that the FIR did not contain any specific allegation that the appellants insulted or intimidated the complainant with the intent to humiliate her on the ground of her caste, nor that the alleged incident occurred in a place within public view. The court observed that the bar under Section 18 of the SC/ST Act, which prohibits anticipatory bail, applies only when a prima facie case under the Act is made out. Since the allegations did not prima facie disclose the essential ingredients of the offence under Section 3(1)(r)(s), the court held that the appellants were entitled to pre-arrest bail. The court allowed the appeal, set aside the impugned order, and directed that the appellants be released on bail on executing a PR bond of Rs. 15,000 each with one or two sureties.
Headnote
A) Criminal Procedure - Pre-arrest Bail - Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Anticipatory Bail - Appellants sought pre-arrest bail in Crime No. 188/2019 for offences under Sections 143, 323, 504 IPC and Section 3(1)(r)(s) of SC/ST Act - Court held that where the FIR does not contain specific allegations that the accused insulted or intimidated the complainant with intent to humiliate on the ground of caste in a place within public view, the bar under Section 18 of the Act is not attracted and pre-arrest bail can be granted - Held that the appellants made out a case for bail (Paras 2-5).
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 intention to humiliate on the ground of caste in public view.
Final Decision
Appeal allowed. The impugned order rejecting pre-arrest bail is set aside. The appellants are directed to be released on bail on executing a PR bond of Rs. 15,000 each with one or two sureties.
Law Points
- Pre-arrest bail
- SC/ST Act
- prima facie case
- caste-based insult
- public view
- Section 14-A(2) of SC/ST Act
- 1989
