The court established that a lack of mens rea can justify the granting of anticipatory bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

O R D E R

This is an appeal filed under Section 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The challenge in this appeal is to the order dated 22.08.2024 in Crl.M.C. No.1498/2024 passed by the Sessions Court, Kozhikode.

2. The appellant is the sole accused in Crime No.604/2024 of Kasaba Police Station. He is allegedly to have committed the offences punishable under Sections 115(2), 118(1), 127(2) and 296(b) of BNS and Sections 3 (1)(s) and 3(2) (va) of the Scheduled Castes and cheduled Tribes (Prevention of Atrocities) Act, 1989.

3. The learned Public Prosecutor submitted that the Investigating Officer submitted a report before the Jurisdictional Court stating that the investigating team found that the offences under Section 3 (1)(2) and 3(2)(va) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, had not been revealed and requesting transfer of the FIR to the Jurisdictional Magistrate.

4. The prosecution case is that on 30.07.2024 around 17.15 hrs, the appellant/accused voluntarily caused hurt to the victim/respondent No.3 by means of an umbrella. The appellant also wrongfully restrained the defacto complainant from driving the bus bearing registration No.KL 58 D 4334.

5. The case of the appellant is that on the date of occurrence while he was standing at the Kasaba Puthiya Bus Stand, the defacto complainant drove the bus and parked it at the bay in a rash and negligent manner without caring that a mother and a child were trying to cross the road. The appellant questioned the rash and careless driving of the bus by the defacto complainant. He got provoked and verbally abused the appellant and manhandled him. Thereafter, he filed this complaint falsely implicating the appellant. The appellant suffered injuries in the incident and was admitted at the General Hospital on the same day itself.

6. Notice was served on the defacto complainant. He did not turn up.

7. I have heard the learned counsel for the appellant and the learned Public Prosecutor.

8. The learned counsel for the appellant submitted that the appellant is innocent of the allegations levelled against him and that he has been implicated in a false case at the instance of the defacato complainant for the reason that the appellant questioned his rash and negligent driving. The learned counsel for the appellant submitted that the material placed by the prosecution does not reveal the offences alleged. It is contended that the mens rea of the appellant in the commission of the alleged offences is absent.

9. The learned Public Prosecutor opposed the bail plea of the appellant.

10. As the Investigating Officer submitted a report deleting the offences under the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, the bar under Section

18 of the Act is not applicable.

11. I have gone through the relevant records. It is seen that the incident happened near the Kasaba Puthiya Bus Stand, Kozhikode. The weapon used by the appellant is an umbrella.

The specific case of the appellant is that he questioned the defacto complainant when he drove a bus in a rash and negligent manner without noticing a mother and child attempting to cross the road. The appellant has a further case that he has also sustained injuries in the incident.

12. Having gone through the materials placed, I am of the view that the mens rea of the appellant in the commission of the alleged act is doubtful. This is a fit case in which the petitioner is entitled to get the benefit under Section 482 of the BNNS, 2023.

Having considered the entire circumstances, I am of the view that the appellant is entitled to anticipatory bail. In the result, (i) The Criminal Appeal is allowed.

(ii) The order dated 22.08.2024 dismissing Crl.M.C. No.1498 of 2024 stands set aside.

(iii) The appellant shall appear before the Investigating Officer on 25.09.2024 between

10.00 AM and 11.00 AM for interrogation.

(iv) The Investigating Officer is directed to release the