Case Note & Summary
The appellant, Tatya @ Arjun Sudhakar Marathe, filed a criminal appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenging the order dated 29.12.2025 passed by the Special Judge/Additional Sessions Judge, Nandurbar, which rejected his bail application in Crime No.580 of 2025. The crime was registered at Nandurbar City Police Station for offences under Sections 310(2), 311 of the Bharatiya Nyaya Sanhita (BNS), Sections 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va) of the SC/ST Act, and Sections 37(1), 37(3), 135 of the Maharashtra Police Act. The prosecution case was that on 16.09.2025, the informant, Akshay Raju Bhill, received a phone call that his brother Jay had been stabbed by Bhaiya Sudhakar Marathe. While going to the hospital, the informant passed by the house of Bhaiya Marathe and saw the appellant and others standing there. When he questioned Bhaiya Marathe about the stabbing, the appellant and others allegedly abused him with caste-based slurs, assaulted him with fists and blows, forcibly took him into a house, and the appellant brought a sword and assaulted him, also snatching gold ornaments, cash, and a mobile phone. The appellant argued that the allegations were false and that there was no prima facie case under the SC/ST Act as the alleged caste abuse was not in public view and the incident was a personal dispute. The State and the informant opposed bail, citing the seriousness of the offences. The court analyzed the FIR and found that the alleged caste abuse occurred in a private lane, not in public view, and that the assault and robbery were not connected to the victim's caste but arose from a previous altercation. The court held that the ingredients of the offences under the SC/ST Act were not made out, and thus the bar under Section 14-A did not apply. The court allowed the appeal, set aside the impugned order, and granted bail to the appellant on conditions, including furnishing a PR bond of Rs. 25,000 with one solvent surety, not tampering with evidence, and not leaving the jurisdiction without court permission.
Headnote
A) Criminal Law - Bail - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 14-A - Prima Facie Case - The appellant sought bail under Section 14-A of the SC/ST Act, 1989, challenging the rejection of his bail application by the Special Judge. The court held that the allegations of caste abuse were not in public view and the incident arose from a personal dispute, thus no prima facie case under the Atrocities Act was made out. The appellant was granted bail on conditions. (Paras 1-10) B) Criminal Law - Bail - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(r), 3(1)(s) - Public View - The court considered that the alleged caste abuse occurred in a private lane and not in public view, which is essential for an offence under Section 3(1)(r) and 3(1)(s) of the SC/ST Act. The court found that the ingredients of the offence were not satisfied. (Paras 5-8) C) Criminal Law - Bail - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(2)(v), 3(2)(va) - Caste-Based Intent - The court observed that the assault and robbery allegations were not linked to the victim's caste but stemmed from a previous altercation. Therefore, the provisions under Section 3(2)(v) and 3(2)(va) were not attracted. (Paras 6-9)
Issue of Consideration
Whether the appellant is entitled to bail under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, when the allegations of caste abuse and assault are disputed and the incident allegedly occurred in a private setting.
Final Decision
The appeal is allowed. The impugned order dated 29.12.2025 passed by the Special Judge / Additional Sessions Judge, Nandurbar, is set aside. The appellant is directed to be released on bail on furnishing a PR bond of Rs. 25,000 with one solvent surety, subject to conditions including not tampering with evidence and not leaving the jurisdiction without court permission.
Law Points
- Bail under Section 14-A of SC/ST Act
- 1989
- Prima facie case
- Caste-based intent
- Public view
- Personal dispute
