Case Note & Summary
The judgment involves two separate criminal applications for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, filed by applicants who were accused of offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) and the Indian Penal Code, 1860. In Criminal Application No. 492 of 2017, the applicants Vijay Machindra Markad and Mahavir Chainsukhlal Gundecha were alleged to have abused the complainant Budhanand Namdev Dhandore by his caste name and threatened him. In Criminal Application No. 5099 of 2016, the applicant Shaikh Mustafa Shaikh Mohiuddin was alleged to have abused the complainant Anant Gangadhar Deshpande by his caste name and assaulted him. The applicants sought anticipatory bail, contending that the allegations did not prima facie constitute offences under the SC/ST Act as the alleged insults were not intentional and did not occur in public view. The State opposed the applications, citing the bar under Section 18 of the SC/ST Act. The court analyzed the provisions of Section 3(1)(x) of the SC/ST Act, which requires intentional insult or intimidation with intent to humiliate a member of a Scheduled Caste or Scheduled Tribe in a place within public view. The court found that in both cases, the allegations did not prima facie establish the essential ingredients of the offence, as the insults were not shown to be intentional or in a place within public view. Consequently, the court held that the bar under Section 18 of the SC/ST Act did not apply, and the applicants were entitled to anticipatory bail. The court granted anticipatory bail to the applicants in both applications, subject to conditions.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 - Bar under Section 18 of SC/ST Act - The court considered whether the bar under Section 18 of the SC/ST Act applies when no prima facie case of intentional insult or intimidation in public view is made out. Held that the bar is not absolute and if the allegations do not prima facie constitute an offence under the SC/ST Act, anticipatory bail can be granted. (Paras 5-10) B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Intentional Insult in Public View - The court examined the requirement that the insult must be intentional and in a place within public view. Held that mere use of caste name without intent to insult or in a private setting does not attract the offence. (Paras 6-8) C) Criminal Procedure Code - Anticipatory Bail - Section 438 - Prima Facie Case - The court assessed whether a prima facie case exists for the alleged offences. Held that if the FIR and material do not disclose a prima facie case, the court can exercise discretion to grant anticipatory bail. (Paras 9-10)
Issue of Consideration
Whether the applicants are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, despite the bar under Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, when no prima facie case of intentional insult or intimidation in public view is made out.
Final Decision
The court allowed both criminal applications and granted anticipatory bail to the applicants, subject to conditions.
Law Points
- Anticipatory bail under Section 438 CrPC
- SC/ST Act Section 18 bar
- prima facie case requirement
- intentional insult in public view
- procedural safeguards
