Case Note & Summary
The petitioners, Appoji Reddy and K.V. Subramani, accused Nos. 1 and 2 in Crime No.104/2020 registered by Srinivaspura Police Station, Kolar, filed a petition under Section 438 of the Code of Criminal Procedure, 1973, seeking anticipatory bail. The crime was registered for offences punishable under Sections 323, 506 read with 34 of the Indian Penal Code, 1860, and Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitioners, who are agriculturists, claimed innocence and alleged false implication. The State appeared through the Additional Government Advocate, while the complainant remained absent despite service. The petitioners' counsel argued that there was no material to invoke the Atrocities Act and that the petitioners were ready to abide by conditions. The court examined the complaint and found that the allegations, even if taken at face value, did not disclose the essential ingredients of the offence under Section 3(1)(r)(s) of the Atrocities Act, as there was no specific intent to humiliate the complainant on the ground of caste. The court noted that the bar under Section 18 of the Atrocities Act would not apply where no prima facie case is made out. Consequently, the court allowed the petition and granted anticipatory bail to the petitioners subject to conditions, including executing a personal bond of Rs.1,00,000 with one surety, cooperating with investigation, and not tampering with evidence.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC, 1973 - Grant of Bail - Petitioners, accused of offences under IPC and SC/ST Act, sought anticipatory bail apprehending arrest - Court held that where the allegations under the Atrocities Act do not prima facie disclose the ingredients of the offence, the bar under Section 18 of the Act does not apply and anticipatory bail can be granted - Petitioners granted bail subject to conditions (Paras 1-6). B) SC/ST (Prevention of Atrocities) Act, 1989 - Offence under Section 3(1)(r)(s) - Prima Facie Case - Essential Ingredients - Allegations of using caste name without specific intent to humiliate - Court held that mere use of caste name in a conversation, without any intention to insult or humiliate on the ground of caste, does not attract the provisions of Section 3(1)(r)(s) - In the absence of prima facie material, the bar under Section 18 of the Act is not attracted (Paras 4-5).
Issue of Consideration
Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC when the allegations under Section 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act, 1989 do not prima facie disclose the essential ingredients of the offence.
Final Decision
The petition is allowed. The petitioners are granted anticipatory bail in Crime No.104/2020 of Srinivaspura Police Station, Kolar, for offences under Sections 323, 506 read with 34 IPC and Section 3(1)(r)(s) of SC/ST (POA) Act, subject to conditions: (i) They shall execute a personal bond of Rs.1,00,000 with one surety for the like sum; (ii) They shall cooperate with the investigation and appear before the Investigating Officer as and when required; (iii) They shall not tamper with evidence or influence witnesses; (iv) They shall not leave the jurisdiction without prior permission of the court.
Law Points
- Anticipatory bail
- SC/ST Atrocities Act
- prima facie case
- intent to humiliate
- caste-based insult
- Section 438 CrPC
- Section 3(1)(r)(s) SC/ST Act
