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 of Criminal Procedure coupled with the provisions of the Atrocity Act would lead to a situation where there is no bar in granting anticipatory bail for an offence committed under the Act.

ORDER :

1. This group of Criminal Appeals is filed by the original complainant under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocity) Act, 1989 for quashing and setting aside the impugned orders whereby the Court below was pleased to pass an order under Section 438 of the Code of Criminal Procedure by granting anticipatory bail to the respective accused persons.

2. All these appeals are arising out of the very same incident and complaint and are filed for quashing and setting aside the respective orders passed by the Court below for grant of anticipatory bail. Learned advocates appearing for the respective sides have requested to take up all these Criminal Appeals conjointly and decide the same by passing a common order since the substantial issues are same on facts and law and as such, upon this request made by respective learned advocates appearing for both the sides, the Court has taken up the appeals for hearing by treating Criminal Appeal No.143 of 2020 as a lead matter and for sake of convenience, since the very same incident has given rise to all these Criminal Appeals, facts are taken from the lead matter, i.e. Criminal Appeal No.143 of 2020.

3. The facts giving rise to the present proceedings are that the appellant- original complainant is an advocate by profession and resides at the address mentioned in the cause title. The incident took place on 26.12.2019 when the appellant reached home from working in the evening and after sometime, went out to get a pack of biscuits from the shop situated just opposite to the society. It is the case of the appellant complainant that while going towards the shop, respondent No.2 and around eight accused persons were standing in a group near the common plot of the society, made a derogatory comment and insulted pertaining to the caste to which the appellant is belonging. With a view to see that no quarrel can take place, the appellant initially ignored the comments and went to purchase biscuits and after purchasing, while returning home, once again respondent No.2 along with other accused persons made derogatory comments, insulted the caste of the appellant and when the appellant requested the respondent No.2 and other accused persons not to make such derogatory caste remarks, respondent No.2 along with other persons thereafter, attacked the appellant and on account of fear, the appellant went inside the home. It is the case of the appellant that after that, respondent No.2 and other accused persons followed the appellant to his home and after forcibly entering in the home, respondent No.2 and other accused persons began beating the appellant and all while abusing and insulting the caste of the appellant, the accused persons were armed with sharp edged iron rods with which, the appellant was attacked and he sustained injuries as well. On account of such beating up of the appellant, lot of people gathered and later on, respondent No.2 along with other accused persons ran away from the spot by giving threat to the appellant of dire consequences if the appellant reports the matter to the authorities.

4. On account of such incident, which had happened with the appellant, the appellant along with his friends went to Vadaj Police Station and gave a complaint/ FIR being C.R. No.I-238 of 2019 on 27.12.2019. While giving the complaint, the appellant has provided photographs as well as video of the incident to the investigating officer. The appellant has identified the accused persons from the photographs and CCTV footage, also provided the names of witnesses who are present during the incident and have their statements as well.

5. It is the case of the appellant that the respondent No.2 filed an application, being Criminal Misc. Application No.9276 of 2019, before learned Additional Sessions Judge, Court No.29, City Sessions Court, who was pleased to grant anticipatory bail to respondent No.2 and it is this order of grant of anticipatory bail, the appellant is co