Headnote
Criminal Law-- Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-- Sections 3(I)(r), 3(l)(s), 14A and 18 -- Indian Penal Code, 1860-- Sections 354A, 143, 147, 148, 149, 323, 504 and 506-- Code of criminal Procedure, 1973-- Section 438-- Complaint under provisions of IPC and under provisions of SC/ST Act registered-- Appellants/accused filed an appeal for pre-arrest bail-- Respondent no.3/complainant belonged to hindu Mahar community which is in SC category-- Respondent no.3/complainant got married with a person who was Hindu Maratha which is non schduled cast out of love affairs with him-- Appellant/accused no.1 along with other appellants came to the house of complainant and appellant no.1 torned the dress of complainant and outraged modesty and kicked on her stomach-- Use of abusive language against the caste of complaiant-- Utterance of abusive words on caste in front of house of complainant within public view-- Incident occurred in public view--Reliance placed on case of Kiran (Supra)-- Bar u/s 18 of SC/ST Act to invoke provisions u/s 438 of CRPC if accused have committed an offence under SC/ST Atrocities Act in public view-- Defense of appellants/accused cannot be considered at the initial stage while deciding anticipatory bail application-- Pre-arrest bail denied-- Appeal Dismissed Para-- 13, 14, 15, 16, 19, 21
Issue of Consideration
The Issue of whether the appellants should be granted anticipatory bail in a case involving allegations under the SC/ST Act and other offences, considering the bar under Section 18 of the SC/ST Act and the merits of the prosecution case
Law Points
- Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
- 1989 (SC/ST Act) -- Section 18 of the SC/ST Act -- Section 354-A
- 143
- 147
- 148
- 149
- 323
- 504
- 506 of the Indian Penal Code
- 1860 (IPC) -- Section 37(1)
- 37(3) and 135 of the Maharashtra Police Act
- 1951 -- Principles of anticipatory bail under the SC/ST Act -- Requirement of specific knowledge of victim's caste for offences under Section 3 of the SC/ST Act -- Evaluation of prima facie case for bail purposes
