IMPORTANT POINT
The court established that the SC/ST Act's provisions require explicit references to caste-based insults or humiliation in public view for applicability, and the absence of such references allows for anticipatory bail.

JUDGMENT/ORDER

1. ADMIT. Heard finally with the consent of learned Counsel for the parties.

2. By preferring this appeal under Sec. 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellants have challenged the order passed in Criminal Bail Application No.1162/2022 whereby the Additional Sessions Judge-1, Amravati has rejected the anticipatory bail application of the present appellants.

3. The appellants are apprehending arrest at the hands of police as Crime No.492/2022 is registered against the present appellants on 16/09/2022 at police station Chandur Railway, District Amravati for the offence punishable under Ss. 324, 452, 294, 143, 147, 504, 506 read with Sec. 149 of the Indian Penal Code and under Ss. 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act of 1989' for short).

4. As per the accusation in the FIR, on 16/09/2022 at about 1.00 p.m., present appellants entered into the house of the informant. Appellant No.2 was holding knife in her hand. It is alleged that all the appellants abused her and assaulted her by means of stones by entering into the house. It is further alleged that she was abused in a filthy language. On the basis of said report, police have registered the crime against the present appellants.

5. As per the contention of the present appellants that the provisions of Sec. 3(1)(r), 3(1)(s) and 3(2)(va) of the Act of 1989 are not attracted, as there is no reference that the present appellants have abused or humiliated the informant on her caste. It is further the contention of the present appellants that as per the allegation, the alleged incident has taken place inside the house. Therefore, said incident has not occurred within the public view, therefore also the provisions of the Act of 1989 are not applicable. Hence, bar under Sec. 18 and 18A of the Act of 1989 is not attracted. It is further submitted by the appellants that as the custodial interrogation of the present appellants is not required and bar under Sec. 18 and 18A of the Act of 1989 is not applicable, therefore, they be released on anticipatory bail.

6. Said application is strongly opposed by the State on the ground that the appellants were knowing about the caste of the informant. Intentionally, they have abused the informant by knowing her caste, and therefore, the provisions of the Act of 1989 are attracted. As there is a bar under Sec. 18 and 18A, the application rightly rejected by the learned Special Judge. No ground is made out to release the present appellants on bail.

7. Learned Counsel for respondent No.2 also vehemently submitted that as there is a bar under Sec. 18 or 18A, the appeal deserves to be dismissed.

8. She further submitted that as the informant was abused in a filthy language, the offence under Sec. 3(1)(r), 3(1)(s) and 3(2)(va) of the Act of 1989 are attracted. As the present appellants entered into the house of the informant, abused her in a filthy language and also assaulted her by means of stones, therefore, custodial interrogation of the present appellants is required and prays for rejection of the appeal.

9. Having heard both the sides and on perusal of the investigation papers, it reveals that the FIR is lodged by the informant on an allegation that she is residing at Shivaji Nagar, Chandur Railway, on 16/09/2022, present appellants entered inside the house and abused her in a filthy language and assaulted her by means of stones. Her medical certificate is on record. The investigating Officer has also carried out the spot panchnama and recorded the relevant statements of the witnesses. The nature of the injuries sustained by the informant is the abrasion 2 x 1 cm on left side of cerebral hemisphere. One of the injured Nirmala Arun Khandare also received the injury which are in the nature of abrasions. After going through the entire statements of the witnesses admittedly, there is no r