IMPORTANT POINT
The court ruled that allegations under the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act require a direct link to the victim's caste status, which was not established in this case.

JUDGMENT :

C.S. SUDHA, J.

This appeal under Section 14A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act) has been filed by the petitioner/accused in crime no.1013/2023 of Pantheerankavu police station, Kozhikode, aggrieved by the dismissal of his petition under Section 438 Cr.P.C ., namely, Crl.M.C.No.429/2024, on the file of the Court of Session, Kozhikode, seeking pre-arrest bail.

2. It was submitted by the learned counsel for the appellant/accused that the latter got acquainted with the 2^nd respondent herein, the alleged victim through Shaadi.com. The 2^nd respondent, though a married lady registered herself in the aforesaid site as an unmarried lady. The appellant/accused got acquainted with the 2^nd respondent. Suppressing the fact that the 2^nd respondent was already married, she entered into a relationship with the appellant/accused, pursuant to which they started living together. While so, the 2^nd respondent conceived and later on, at her instance she underwent an abortion. It was 6 months after the abortion, Annexure A5 FIS was given based on which the present crime, that is, crime no.1013/2023, that is, Annexure A6 FIR has been registered. No offences as alleged in the FIR are made out hence the trial court ought to have granted pre-arrest bail.

3. The request for pre-arrest bail is opposed by the learned Public Prosecutor who submitted that the investigation is only at its preliminary stage. The offences alleged are made out from the materials presently available. Further, the bar under Sections 18 and 18A of the Act is attracted and hence the trial court was right in dismissing the application. No grounds for interference are made out, argued the public prosecutor.

4. Heard both sides.

5. Admittedly, the appellant/accused and the 2^nd respondent were in a relationship and they were living together. Even going by the case of the 2^nd respondent in the first FIR, that is, Annexure A1 FIR in crime no.167/2023, Women Police Station, Basavanagudi, she met the appellant/accused on 26/05/2022 through the matrimony website Shaadi.com, pursuant to which they developed a relationship and started living together. Her case in Annexure A2 FIS in the said crime seen registered on 24/06/2023 is that she along with the appellant/accused were residing together in Calicut. The appellant had introduced her to his family and there was a discussion about their marriage also. Later on, they moved to Bangalore where also they lived together. When the appellant/accused suffered loss in his business, he demanded money from her on the premise that she would any way have to pay money at the time of their marriage. Accordingly, she availed loans from banks and gave an amount of ₹19.98 lakhs and also 117 gms of gold jewellery to the appellant/accused. While they were living together, the appellant/accused used to come home drunk, abuse her and physically assault her. She was also sexually abused during the said period. On 03/01/2023 she realised that she was pregnant and when she informed the appellant/accused, he lost his temper and started beating her. On 12/02/2023 the appellant/accused took her to A.R. Hospital, Mysore and compelled her to undergo an abortion. She was thereafter wrongfully detained in the house for about 8 days during which period the appellant/accused tortured her mentally and physically. On 05/06/2023 the appellant/accused told her that they need to mend their relationship and get married. However, thereafter also he demanded more money and assaulted her. On 06/06/2023 at 03:00 a.m. the appellant/accused left the house without informing her. Hence the complaint to the police, for taking necessary action against the appellant/accused for having taken away her mobile phone, money and gold ornaments. As per Annexure A1 FIR based on Annexure A2 FIS, the appellant/accused is alleged to have committed the offences punishable under Sections 417, 420, 354A, 313, 343, 323 and 504 IPC. It is perti