Case Note & Summary
The petitioners, T N Venkateshappa, V. Arun Kumar, and Smt. Roopa, filed a criminal petition under Section 438 CrPC seeking anticipatory bail in Crime No.107/2020 registered by Vemgal Police Station, Kolar, for offences punishable under Sections 323, 324, 354, 355, 504, 506 read with 34 of IPC and Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR alleged that on 19.05.2020 at about 10.30 a.m., the petitioners abused respondent No.2 and her family members with abusive words, calling out their caste in public view, assaulted them with clubs and hands, and smeared cow-dung on the complainant's face. The court heard the learned counsel for the petitioners and the learned HCGP. The court noted that the records indicated that the incident arose out of a land dispute and the allegations did not prima facie disclose any specific intent to humiliate the complainant on caste basis. The court held that the bar under Section 18 of the SC/ST Act is not attracted as the allegations do not make out a prima facie case under the Act. 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/- each with one surety, appearing before the Investigating Officer as required, and not tampering with evidence or intimidating witnesses.
Headnote
A) Criminal Procedure - Anticipatory Bail - Section 438 CrPC - Bar under Section 18 SC/ST Act - The court considered whether the bar under Section 18 of the SC/ST Act applies when the allegations do not prima facie constitute an offence under the Act. Held that if the allegations do not make out a prima facie case under the SC/ST Act, the bar is not attracted and anticipatory bail can be granted. (Paras 3-4) B) SC/ST Act - Offence under Section 3(1)(r)(s) - Intent to Humiliate - The court examined whether the alleged abuse and assault were intended to humiliate the complainant on caste basis. Held that the FIR did not disclose any specific intent to humiliate on caste grounds, as the incident arose from a land dispute and the caste words were used in the heat of the moment. (Paras 3-4) C) Criminal Procedure - Anticipatory Bail - Section 438 CrPC - Conditions - The court granted anticipatory bail subject to conditions to ensure investigation and prevent tampering. Held that the petitioners are entitled to bail on executing a bond and complying with conditions. (Para 4)
Issue of Consideration
Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC for offences under the SC/ST Act and IPC, considering the bar under Section 18 of the SC/ST Act.
Final Decision
The petition is allowed. The petitioners are granted anticipatory bail in Crime No.107/2020 of Vemgal Police Station, subject to conditions: each petitioner shall execute a personal bond of Rs.1,00,000/- with one surety; they shall appear before the Investigating Officer as required; they shall not tamper with evidence or intimidate witnesses; and they shall not leave the jurisdiction without prior permission.
Law Points
- Anticipatory bail
- SC/ST Act
- prima facie case
- caste-based humiliation
- Section 438 CrPC
- Section 3(1)(r)(s) SC/ST Act
