Case Note & Summary
The applicant, Rajiv Ram Bhadbhade, a doctor by profession, filed an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) in connection with Crime No. 64 of 2005 registered at Miraj Police Station for offences under Sections 376, 376(2)(d) of the Indian Penal Code and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The applicant contended that the bar under Section 18 of the SC/ST Act, which prohibits the grant of anticipatory bail, was not applicable because the complainant had converted to Christianity prior to the alleged incident, thereby ceasing to be a member of a Scheduled Caste. The court examined the material on record, including the complainant's conversion certificate, and noted that the Constitution (Scheduled Castes) Order, 1950, specifies that only persons professing Hinduism, Sikhism, or Buddhism can be considered Scheduled Castes. Since the complainant had converted to Christianity, she no longer belonged to a Scheduled Caste, and thus the offence under Section 3 of the SC/ST Act was not attracted. The court held that the bar under Section 18 of the SC/ST Act applies only when the court is prima facie satisfied that the ingredients of the offence under the Act are made out. In this case, as the complainant was not a member of a Scheduled Caste, the offence under the SC/ST Act was not made out, and the bar did not apply. Consequently, the court allowed the application and granted anticipatory bail to the applicant on certain conditions.
Headnote
A) Criminal Procedure - Anticipatory Bail - Section 438 CrPC - Bar under Section 18 of SC/ST Act - The court considered whether the bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 applies to an application for anticipatory bail under Section 438 CrPC. The court held that the bar under Section 18 is not absolute and applies only when the court is prima facie satisfied that the ingredients of the offence under the SC/ST Act are made out. Since the complainant had converted to Christianity prior to the incident, she ceased to be a member of a Scheduled Caste, and therefore the offence under the SC/ST Act was not attracted. Consequently, the bar under Section 18 did not apply, and the application for anticipatory bail was maintainable. (Paras 1-3) B) Scheduled Castes and Scheduled Tribes - Conversion - Loss of Caste Status - Section 3 SC/ST Act - The court examined the effect of conversion to Christianity on the status of a person as a member of a Scheduled Caste. It held that upon conversion to Christianity, the complainant ceased to belong to a Scheduled Caste as per the Constitution (Scheduled Castes) Order, 1950, which provides that no person professing a religion different from Hinduism, Sikhism, or Buddhism shall be deemed to be a member of a Scheduled Caste. Therefore, the offence under Section 3 of the SC/ST Act was not made out, and the bar under Section 18 did not apply. (Paras 2-3)
Issue of Consideration
Whether the bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 applies to an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 when the complainant had converted to Christianity prior to the alleged incident.
Final Decision
The court allowed the application and granted anticipatory bail to the applicant on such terms and conditions as deemed fit.
Law Points
- Anticipatory bail under Section 438 CrPC is maintainable despite bar under Section 18 of SC/ST Act if the complainant has converted to another religion and does not belong to Scheduled Caste or Scheduled Tribe at the time of offence
- Section 18 of SC/ST Act does not create an absolute bar if the offence under the Act is not made out
- Prima facie satisfaction of the court regarding existence of ingredients of offence under SC/ST Act is necessary to attract bar under Section 18
