The main legal point established in the judgment is the interpretation of 'public place' and 'public view' under the SC and ST Act, along with the applicability of end-to-end encrypted messages on WhatsApp in the context of the legal provisions.

JUDGMENT

Vibha Kankanwadi, J. - Criminal Application No.396/2021 moved to intervene in the appeal is allowed and disposed of.

2. Present appeal has been filed under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (hereinafter referred to as the SC and ST Act), by the original accused, challenging rejection of his Bail Application No.2/2021 moved under Section 438 of Cr.P.C., by learned Sessions Judge, Nandurbar on 13.1.2021. The appellant was apprehending his arrest in connection with CR No.684/2020 registered with Nandurbar City police station for the offences punishable under Section 507 of IPC and Sections 3(1)(r)(s), 3(1)(w)(II) of the SC and ST Act.

3. Heard learned Advocates and learned APP appearing for the respective parties.

4. Admit. The learned Advocates and learned APP waive notice for respective parties. By consent, taken up for final disposal.

5. It has been vehemently submitted on behalf of the appellant that the informant is near relative of wife of the appellant. The informant has performed inter-caste marriage. She originally belonged to a member of scheduled tribe. She has stated that since the appellant is brother-in-law of her husband, the appellant had every knowledge about the caste of the informant. She also states that there is domestic discord between the present appellant and his wife and, therefore, the appellant's wife is now residing with the informant. The informant claims that she is doing social work and many social workers from Adiwasi community visit her place. At about 9.00 pm on 27.12.2020, her mother had visited her place. Two social workers from the area had also come to her house. The informant, her husband and mother were sitting in the court-yard of her house. Then she says that the appellant gave a phone call on her mobile, she told that he should settle the dispute between him and his wife. But the appellant was making grievances against his wife with the informant. She had cut the phone after giving the advise. But, thereafter, according to her, the present appellant was calling her again and again and abusing. She further says that two social workers, who were with her, advised her to put the phone on speaker mode and listen as to what the appellant is saying. It is stated that the present appellant gave abuses in the name of caste to the informant. She also states that the present appellant had sent messages to his wife and had abused the informant in filthy language referring to her caste and, therefore, she has lodged the FIR.

6. After giving the entire story in the FIR, the learned Advocate appearing for the appellant, submitted that the offences under the provisions of the SC and ST Act, cannot be said to have been made out for a simple reason that the conversation was on mobile phone and he had no idea that she had put the mobile phone on speaker mode. Intentional insult in "public place" is the main ingredient that will be required to be proved, which is absent in the present case, even if we accept that such phone call was given. This aspect was not considered by the learned Special Judge. Only the allegations have been considered to arrive at a conclusion that prima facie offence has been made out and thereby connecting it to Section 18A of the SC and ST Act, for rejecting the bail application under Section 438 of Cr.P.C. The main aspect that she had put the mobile phone on speaker mode was not at all in the knowledge of the appellant and it could not have been so, and, therefore, the intention suffers. Further, as regards the persons, who were present at the spot, can be said to be interested persons and not a single independent person was present at that place. Two social workers are from the same community or tribe to which the informant belongs. The others were the family members of the informant. Another aspect, that is required to be considered, is that the informant states that they all were sitting in the court yard, which will ha