Case Note & Summary
The judgment pertains to two criminal appeals filed under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, by police officers (Nagraj, Sher Ali, and Prakash B) who were accused in connection with the death of a person belonging to a Scheduled Caste. The appellants were Head Constables and a Police Sub-Inspector at Mayakonda Police Station. The complainant, Vrundamma, alleged that her husband was wrongfully confined, assaulted, and later found dead, leading to charges under Sections 341, 342, 302, 306, 201 read with 34 of the Indian Penal Code and Sections 3(2)(v) and 3(2)(v-a) of the SC/ST Act. The trial court (II Additional District and Sessions Judge, Davanagere) rejected their bail application on 21.01.2021. The appellants challenged this order before the High Court. The High Court considered the submissions of the appellants' counsel, who argued that the appellants were innocent and had been falsely implicated, and that the investigation was complete. The State opposed bail, citing the gravity of the offences. The High Court, after examining the material on record, held that a prima facie case for custodial interrogation was not made out and that the appellants were entitled to bail. The court allowed the appeals, set aside the trial court's order, and granted bail to the appellants subject to conditions including furnishing a personal bond of Rs. 2,00,000 with two sureties, surrendering passports, and cooperating with the trial.
Headnote
A) Criminal Procedure - Bail - Section 14A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Appellants, police officers, sought bail for offences under Sections 341, 342, 302, 306, 201 r/w 34 IPC and Sections 3(2)(v), 3(2)(v-a) of SC/ST Act - Trial court rejected bail - High Court allowed bail, holding that prima facie case for custodial interrogation was not made out and appellants were entitled to bail on conditions (Paras 1-10).
Issue of Consideration
Whether the appellants, police officers accused of offences including murder and abetment to suicide under the SC/ST Act, are entitled to bail under Section 14A(2) of the SC/ST Act when the trial court rejected their bail application.
Final Decision
Appeals allowed. Order dated 21.01.2021 set aside. Appellants granted bail subject to conditions: personal bond of Rs. 2,00,000 with two sureties, surrender of passport, cooperation with trial, no tampering with evidence.
Law Points
- Bail
- Anticipatory Bail
- Section 14A(2) SC/ST Act
- Prima Facie Case
- Custodial Interrogation
- Abetment to Suicide
- Murder
- Wrongful Confinement
