Case Note & Summary
The petitioners, Marenna @ Mareppa and Sahebreddy @ Sabreddy, filed separate criminal petitions under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.72/2020 registered at Shahapur Police Station for offences punishable under Sections 143, 147, 148, 323, 307, 504, 506 read with Section 149 of the Indian Penal Code, 1860, and Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The case arose from an incident where the complainant, Smt. Tarabai, alleged that the petitioners and others abused her with caste names and assaulted her. The petitioners argued that the allegations were false and that they were entitled to bail as the investigation was complete and they were in custody. The State opposed bail, citing the seriousness of the offences and the bar under Section 18 of the SC/ST Act. The court examined the complaint and found that the alleged insult was not in public view, as required under Section 3(1)(r) of the SC/ST Act, and that there was no prima facie case under the Act. Additionally, the court noted that co-accused had already been granted bail, and the petitioners were entitled to parity. The court allowed both petitions and granted bail to the petitioners on certain conditions.
Headnote
A) Criminal Procedure - Bail - Section 439 CrPC - Grant of Bail - Petitioners sought bail for offences under Sections 143, 147, 148, 323, 307, 504, 506 read with 149 IPC and Sections 3(1)(r), 3(1)(s) of SC/ST Act - Court held that prima facie case under SC/ST Act was not made out as the alleged insult was not in public view and there was no intentional insult or intimidation with intent to humiliate a member of SC/ST - Bail granted on grounds of parity and lack of prima facie evidence (Paras 1-10).
Issue of Consideration
Whether the petitioners are entitled to bail under Section 439 CrPC for offences under IPC and SC/ST Act, considering the bar under Section 18 of the SC/ST Act and the facts of the case.
Final Decision
Both criminal petitions are allowed. The petitioners shall be released on bail in Crime No.72/2020 of Shahapur Police Station, subject to conditions including furnishing a personal bond of Rs.1,00,000/- with one surety, appearing before the court regularly, not tampering with evidence, and not committing similar offences.
Law Points
- Bail
- SC/ST Act
- Prima Facie Case
- Parity
- Section 439 CrPC
- Section 3(1)(r) SC/ST Act
- Section 3(1)(s) SC/ST Act
Case Details
2020 LawText (KAR) (07) 260
Criminal Petition No.200315/2020 and Criminal Petition No.200318/2020
Sri Nandkishore Boob, Sri Rajesh Doddamani, Sri Mallikarjun Sahukar
Marenna @ Mareppa and Sahebreddy @ Sabreddy
State of Karnataka and Smt. Tarabai (in Crl.P.No.200318/2020)
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Nature of Litigation
Criminal bail petitions under Section 439 CrPC for offences under IPC and SC/ST Act.
Remedy Sought
Release of petitioners on bail in Crime No.72/2020.
Filing Reason
Petitioners were arrested and sought bail, claiming false implication and lack of prima facie case under SC/ST Act.
Previous Decisions
Co-accused had been granted bail by the Sessions Court; bail applications of petitioners were rejected by the Sessions Court.
Issues
Whether the bar under Section 18 of the SC/ST Act applies to the petitioners?
Whether the petitioners are entitled to bail on grounds of parity with co-accused?
Whether a prima facie case under the SC/ST Act is made out against the petitioners?
Submissions/Arguments
Petitioners argued that the allegations are false, the investigation is complete, and they are entitled to bail as co-accused have been granted bail.
State opposed bail citing seriousness of offences and bar under Section 18 of SC/ST Act.
Ratio Decidendi
The court held that the bar under Section 18 of the SC/ST Act does not apply if no prima facie case under the Act is made out. Since the alleged insult was not in public view and there was no intentional insult or intimidation with intent to humiliate, the petitioners were entitled to bail. Additionally, parity with co-accused who were granted bail was a relevant factor.
Judgment Excerpts
The alleged insult is not in public view, therefore, prima facie case under Section 3(1)(r) of SC/ST Act is not made out.
The petitioners are entitled to bail on the ground of parity as co-accused have been granted bail.
Procedural History
Crime No.72/2020 was registered at Shahapur Police Station. Petitioners were arrested. Their bail applications before the Sessions Court were rejected. They then filed these petitions under Section 439 CrPC before the High Court. The petitions were heard and reserved for orders on 14.07.2020, and the order was pronounced on 21.07.2020.
Acts & Sections
- Code of Criminal Procedure, 1973: 439
- Indian Penal Code, 1860: 143, 147, 148, 323, 307, 504, 506, 149
- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(1)(r), 3(1)(s), 18
