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Deepak K. Balakrishna – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. prosecution's case against the accused. (Para 1 , 4) |
| 2. court's assessment of evidence. (Para 2 , 11) |
| 3. failure of complainant to appear. (Para 3 , 5) |
| 4. arguments against anticipatory bail. (Para 6 , 8) |
| 5. final decision on the appeal. (Para 12 , 13) |
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 15
Allegations of sexual intercourse based on a promise of marriage may constitute an offence under the SC/ST (PoA) Act, despite consent, necessitating denial of anticipatory bail.
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.
The court affirmed that prima facie allegations warrant custodial investigation under the SC/ST (POA) Act, denying bail based on the necessity of meaningful investigation.
Anticipatory bail may be granted when allegations do not prima facie indicate offences under the SC/ST Act.
Anticipatory bail is barred under Section 18 of the SC/ST (POA) Act where prima facie offenses are established.
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.
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