Anticipatory bail is barred under the SC/ST Act when prima facie evidence of the crime exists, highlighting the court's discretion based on the facts presented.

J U D G M E N T

This is an appeal filed under Section 14A (2) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as `SC/ST Act' for convenience) challenging order in Crl.M.C.No.2199 on the file of the Special Judge dated 17.10.2022, whereby the Special Judge dismissed the anticipatory bail plea at the instance of the appellant herein.

2. Heard the learned counsel for the appellant and the learned counsel appearing for the defacto complainant as well as the learned Public Prosecutor.

3. Summary of the prosecution allegations is as under:

The prosecution alleges commission of offences punishable under Sections 376(2)(j)(n), 506, 328, 377, 417 of the Indian Penal Code (`IPC' for short) and Section 3 (2)(v)(va) of the SC/ST Act and Section 66E of IT Act, against the appellant. The specific allegation is that the accused, who joined in K.S.F.E, Kalamassery Branch as Junior Assistant on permanent basis and who does not belong to Scheduled Caste/Scheduled Tribe community, made acquaintance with the defacto complainant, who belonged to Scheduled Caste community, while she was working in Kerala State Financial Enterprises, Kalamassery Branch on temporary basis during 2019. Thereby they had maintained an intimate relationship. Thereafter on 08.11.2020, the defacto complainant reached room No.10 of KMS apartment, Kalamassery, where the appellant stayed, for serving food to the appellant. It is alleged by the prosecution that during this time the appellant compelled the defacto complainant to consume alcohol. Accordingly after administering alcohol to the defacto complainant, the appellant herein captured the nude visuals of defacto complainant and she was subjected to rape without her consent. The appellant, thereafter, invited the defacto complainant to accompany him to a hotel room booked by him at Cherai and he threatened and cruelly intimidated the defacto complainant that if she was not ready to accompany him, he would publish the nude photos captured by him. In consequence of this threat and coercion, she accompanied the appellant on 14.11.2020 to room No.107 of Saphair Club situates near to the Cherai beach. There also, she was subjected to sexual assaults including unnatural offences. Further, for a period from 11.12.2020 to 13.12.2020, she was subjected to rape at Cladouti Beach resort at Varkala. She was again subjected to rape from 1.1.2021 to 3.1.2021 at Moonline resort, Munnar, with promise of marriage. Thus, she was subjected to rape continuously. It is alleged further that since the appellant herein avoided the defacto complainant, she attempted to commit suicide. Thereafter, the appellant cheated the defacto complainant by performing a false marriage ceremony on 21.10.2021 before Sub Registrar Office, Vaikom, with deceitful intention to avoid the defacto complainant. After the said false marriage, the appellant left the company of the defacto complainant and fully deserted her.

4. While impeaching the veracity of the order of the Special Court impugned herein, it is submitted by the learned counsel for the appellant that the prosecution allegation as to the intimacy in between the appellant and the defacto complainant is not in dispute. He submitted further that the intimacy between the appellant and the defacto complainant finally resulted in their marriage before the Sub Registrar Office, Vaikom as per the Special Marriage Act, on 21.10.2021 and the subsequent events after collapse of the marriage led to filing of this complaint. According to the learned counsel for the appellant, none of the offences alleged by the prosecution would attract in this case since the appellant married the defacto complainant as promised, though the marital relationship was strained subsequently. According to the learned counsel for the appellant, as per the first complaint lodged by the defacto complainant on 1.12.2021, copy of which is produced as Annexure-2 herein, there is no allegation