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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
Y. G. KHOBRAGADE, J.
Ramkrishna S/o Maroti Bangar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
[Y. G. KHOBRAGADE, J.]
1. Heard Mr. Rajendra Deshmukh, the learned Senior counsel with Ms Rakshanda Rajan Jaiswal, instructed by Mr. Praful Bachate, the learned counsel for the Appellants, the learned APP for Respondent No.1 and Mr. R. N. Dhorde, the learned Senior counsel instructed by Mr. V. R. Dhorde, along with Mr. S. S. Dudhane, Advocate for Respondent No.2 / victim-informant.
2. By the present Appeal, the Appellants/accused have invoked the jurisdiction of this Court under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 and take exception to the order dated 19.11.2024 passed by the learned Special Judge, (Atrocities), Beed, Below Exh.1 in Criminal Bail Application No.1237 of 2024, whereby the prayer for pre-arrest bail was declined in Crime No. 0394 of 2024 for the offences punishable under Sections 109, 115(2), 318(4), 351(2), 351(3), 352, 61(2) of B.N.S., 2023 and Section 3(1)(r), 3(1)(s), 3(2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. In a nutshell, it is the prosecution’s case that, on 11.11.2024, Respondent
The court ruled that allegations of caste-based abuse must occur in public view to invoke the bar on anticipatory bail under the Atrocities Act, which was not established in this case.
Anticipatory bail – Bar under Section 18 and (2) of Section 18A of SC/St Act, 1989 will not apply if complaint does not make out a prima facie case for applicability of provisions of 1989 Act.
The main legal point established in the judgment is that the authenticity and timing of allegations, specificity of the allegations, and presence of independent witnesses are crucial factors in deter....
Point of law : Even if the bare reading of the FIR/ complaint indicates that prima facie provisions of the Act are not found to be attracted, then harmonious construction of Section 438 of the Code o....
Bar will not apply where the complaint does not make out “a prima facie case” for the applicability of the provisions of the Act. A statutory exclusion of the right to access remedies for bail is con....
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