The main legal point established in the judgment is the applicability of Section 18 of the Act of 1989 in barring the application for anticipatory bail under Section 438 of Cr.P.C. in cases involving offences under the Act.

ORDER :

1. Appellant has filed this appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Hereinafter referred to as “the Act of 1989”), against the order dated 31.05.2023, passed by the Special Judge (Atrocities), Raipur (C.G.), whereby the application filed under Section 438 of Cr.P.C. for grant of anticipatory bail was rejected.

2. Case of the prosecution in brief is that victim, who is teacher in school lodged a report against appellant, who is the Headmaster in the same school stating therein that appellant caught hold of her hand with ill intention, in the month of October, 2022. The said act of applicant was informed by victim to her husband and he was advised not to commit such act. On 25.02.2023 in the lunch session, when children studying in the school went for taking their lunch and the victim was sitting alone, appellant came there and with ill intention put his hand on her breast. Aggrieved with the act of appellant, she left the school premises and due to fear has not disclosed the incident to any other person and continuously went to school up to 02.03.2023. Victim after gathering courage has informed about the incident to her husband and other family members and her staff in the school. Based on the report, FIR was registered on 11.03.2023 for offence under Section 354 of I.P.C. As Victim belonged to member of scheduled tribe and police during investigation seized caste certificate of complainant offences under Section 3 (2) (v a) of the Act of 1989 was added.

3. Learned counsel for appellant submits that based on the report of victim, initially offence under Section 354 of I.P.C. was registered and he was arrested and thereafter, appellant submitted an application for grant of bail under Section 437 of Cr.P.C. which was allowed and he was directed to be released on bail by Chief Judicial Magistrate, Gariyaband vide order dated 13.03.2023. He further submits that once the bail application submitted by appellant under Section 437 of Cr.P.C. is allowed, unless and until the bail is cancelled or there is an order of the Court based on the proceeding initiated by the investigating agency no arrest can be made. In support of his contention, he places reliance upon the decision in case of Pradeep Ram Vs. State of Jharkhand & Anr., reported in (2019) 17 SCC 326.

4. Learned State counsel opposes the submission of learned counsel for appellant and would submit that this appeal is filed against the order passed by the Special Court rejecting the application under Section 438 of Cr.P.C.. Learned Court below has taken note of the provisions under Section 18 of the Act of 1989 and dismissed the application as during the course of investigation it revealed that appellant has also committed the offence under the Act of 1989 and therefore, the bar as provided under Section 18 of the Act of 1989 is attracted and there is no error in the order passed by the learned Court below. He contended that though on the report initially FIR was registered for offence only under Section 354 of I.P.C., however, after collecting the material in particular caste certificate, the offence under Section 3 (2) (v a) of the Act of 1989 is also attracted and the provision under Section 18 would apply to the facts of the case.

5. Pursuant to the notice issued, victim/complainant appeared before this Court on 21.08.2023 and raised objection in grant of bail to the appellant.

6. I have heard learned counsel for parties and perused the documents placed on records and the case diary.

7. Undisputedly appellant and victim are teachers and are posted in the same school. Written report was lodged by victim on 11.03.2023 specifically pleading the nature of the act committed. In the contents of the complaint, it is appearing that complainant has also mentioned her surname to be Dhruw. Her surname is appearing in all the documents. FIR was registered on 11.03.2023. During the course of investigation, stateme