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Deepak K. Balakrishna – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
A. Badharudeen, J.
1. This is an appeal filed under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the `SC/ST Act' for short), challenging the order dismissing Cr. MC No. 7/2023 by the Special Judge, SC/ST Special Court, Ernakulam (Sessions Court) as per order dated 16.02.2023. The appellant is the sole accused in Crime No. 660/2022 of Ramamangalam Police Station, Palakkad, where the accused alleged to have committed offences punishable under Sections 354(A)(1)(i), 506, 376(2)(n) of Indian Penal Code (`IPC' for short) and Section 3(2)(v) of the SC/ST Act.
2. Heard the learned counsel for the appellant as well as the learned Public Prosecutor.
3. Though notice mandated under Section 15A(3) of the SC/ST Act was issued to the defacto complainant with direction to appear before this Court to submit her version, as mandated under Section 15A(5) of the SC/ST Act, the defacto complainant did not appear.
4. The case of the prosecution is that the accused, who does not belong to Scheduled Caste or Scheduled Tribe community, committed rape against the defacto complainant, who is a member of a Scheduled Caste
Rape allegations cannot arise from a consensual relationship that later diminishes due to a breakup; prima facie evidence is required for legal action under the SC/ST Act.
Anticipatory bail may be granted when allegations do not prima facie indicate offences under the SC/ST Act.
Anticipatory bail can be granted if no prima facie case is established under the SC/ST Act, as per the ruling in Dr. Subhash Kashinath Mahajan v. State of Maharashtra.
While considering any application seeking pre-arrest bail, High Court has to balance two interests: i.e. that the power is not so used as to convert jurisdiction into that under Section 438 of Crimin....
The court established that anticipatory bail can be granted if no prima facie case exists under the SC/ST Act, based on judicial discretion and the specifics of the case.
The court established that allegations under the SC/ST Act require evidence of public view humiliation, which was not present in this case.
Point of law: Section 8(c) provides that the accused was having personal knowledge of the victim or his family, the court shall presume that the accused was aware of the caste or tribal identity of t....
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