Case Note & Summary
The judgment concerns three criminal appeals filed under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), challenging the order dated 25.11.2021 passed by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, in Spl.C.No.1752/2021, which rejected the bail applications of the appellants. The appellants, Nelson Raj, Indrajith C @ Ajith, Subash N., and Avinash, were arrested in connection with Crime No.337/2021 registered at Banaswadi Police Station for offences under Sections 302, 120(B), 149 of the Indian Penal Code (IPC) read with Section 3(2)(v) of the SC/ST Act. The prosecution alleged that the appellants, along with others, murdered the deceased, who belonged to a Scheduled Caste, by attacking him with deadly weapons, and that the murder was committed on account of the victim's caste. The appellants contended that the allegations were false and that there was no prima facie case under the SC/ST Act as the incident arose from a personal dispute, not caste animus. The State opposed the bail applications, arguing that the victim was abused with caste names and that the offence under Section 3(2)(v) was attracted. The court analyzed the ingredients of Section 3(2)(v) of the SC/ST Act, which requires that the victim is intentionally targeted on the ground of caste. The court noted that the prosecution's case was based on the testimony of the victim's wife, who stated that the accused abused the victim with caste names, but the court found that the incident was triggered by a previous quarrel between the victim and one of the accused over a trivial issue, and there was no evidence to show that the appellants had any intention to humiliate or discriminate against the victim on the basis of caste. The court held that a prima facie case under Section 3(2)(v) was not made out, and therefore, the bar under Section 18 of the SC/ST Act did not apply. Consequently, the court allowed the appeals, set aside the impugned order, and granted regular bail to the appellants on certain conditions.
Headnote
A) Criminal Procedure - Bail - Section 14(A)(2) of SC/ST (POA) Act, 1989 - Regular Bail - Appellants sought bail in a murder case where the victim was allegedly killed due to caste-based discrimination - Court held that for an offence under Section 3(2)(v) of the SC/ST Act, there must be an intention to humiliate or discriminate on the basis of caste, which was not prima facie established - Bail granted (Paras 1-10). B) SC/ST Act - Offence under Section 3(2)(v) - Ingredients - The provision requires that the victim is intentionally targeted on the ground of caste - Mere presence of caste abuse or insult is not sufficient - Court found that the incident arose from a personal quarrel, not caste animus - Held that prima facie case under Section 3(2)(v) is not made out (Paras 5-8).
Issue of Consideration
Whether the appellants are entitled to regular bail under Section 14(A)(2) of the SC/ST (POA) Act, 1989, when the alleged offence under Section 3(2)(v) of the Act is not prima facie made out.
Final Decision
Appeals allowed. Impugned order dated 25.11.2021 set aside. Appellants granted regular bail on conditions including furnishing personal bonds and sureties, not tampering with evidence, and appearing before the trial court.
Law Points
- Bail
- Prima Facie Case
- SC/ST Act
- Section 3(2)(v)
- Section 14(A)(2)
- Murder
- Common Intention
- Caste-Based Discrimination
