The court differentiated when the SC/ST (Prevention of Atrocities) Act applies based on public presence during alleged assaults.

(PER: THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY)

1. Accused Nos.1 to 6 in Crime No.85 of 2025 registered by Banahatti Police Station, Bagalkot, for offences punishable under Sections 189(2), 191(2), 115(2), 74, 76, 324(3), 352 & 190 of BNS 2023 and Sections 3 (1)(r), 3(1)(s), 3(2)(va) & 3(1)(w) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989, are before this Court in this appeal filed under Section 14A (2) of the Protection Of Children from Sexual Offences Act , 2012 (for short, ‘SC/ST (POA) Act’), seeking anticipatory bail.

2. Heard learned counsel for the parties.

3. FIR in Crime No.85 of 2025 was registered by Banahatti Police Station, Bagalkot for the aforesaid offences against the appellants herein based on the first information dated 14.06.2025 received from respondent No.2, who is said to be an advocate by profession.

4. Apprehending arrest in the case, appellants had filed Criminal Misc.No.304 of 2025 before the Jurisdictional Sessions Court, which was rejected on 21.07.2025.

Therefore, they are before this Court.

5. In the first information, which is submitted by the respondent No.2, it is stated that on 10.06.2025, when the respondent No.2 questioned the accused for spitting near his house after chewing star gutka, the respondents had quarrelled and abused him referring to his caste. Thereafter, they also had allegedly assaulted him causing injuries to him. When his mother Krishnabai tried to interfere, the accused persons pushed her and tried to outrage her modesty. In respect of the alleged incident that had taken place on 10.06.2025, first information is belatedly filed on 14.06.2025, which is after a period of 4 days from the alleged date of incident. No satisfactory explanation has been offered by the first informant for the inordinate delay of 4 days in approaching the police.

6. For the purpose of attracting the offences punishable under the SC/ST (POA) Act, 1989, the alleged act should have been committed by the accused in a public place, in public view. Perusal of the averments found in the first information would go to show that no other public was present at the time of alleged incident at the spot of crime. There is no such allegation that only for the reason that first informant and his mother belong to scheduled caste, the accused persons had abused and assaulted them. Considering the aforesaid aspects of the matter, the bar under Section 18 of the SC/ST (POA) Act cannot be made strictly applicable to the case on hand. Under the circumstances, I am of the opinion that the appellants who are all agriculturist by avocation have made out a prima facie case for grant of anticipatory bail. According the following:

ORDER i. Criminal Appeal is allowed.

ii. The order dated 21.07.2025 passed by the IV Additional District and Sessions Judge, Bagalkot in Criminal Miscellaneous No.304/2025 is hereby set aside.

The respondent – Police or any other Police in the State of Karnataka are directed to release the appellants in the event of their arrest in Crime No.85 of 2025 registered by Banahatti Police Station, Bagalkot, for offences punishable under Sections 189(2), 191(2), 115(2), 74, 76, 324(3), 352 & 190 of BNS 2023 and Sections 3 (1)(r), 3(1)(s), 3(2)(va) & 3(1)(w) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989, subject to the following conditions:

i. The appellants shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the like sum to the satisfaction of the investigating officer.

ii. The appellants shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

iii. The appellants shall not tamper with the prosecution witness and they shall co-operat