The court ruled that allegations arising from personal disputes, lacking caste motivation, do not invoke the SC/ST (POA) Act protections.

JUDGMENT

Dated this the 5^th day of March, 2026 This criminal appeal has been filed under Section

14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘SC/ST (POA) Act, 1989’ for short), by the defacto complainant, who is aggrieved by grant of anticipatory bail by the Special Court, as per order dated 14.01.2026 in Crl.M.P.No.4015/2025.

2. Heard the learned counsel for the defacto complainant, the learned counsel for the accused and the learned Public Prosecutor in detail. Perused the verdict under challenge.

3. Parties in this appeal shall be referred as ‘accused’ and ‘defacto complainant’, hereafter.

4. Here, the prosecution alleges commission of offences punishable under Sections 329 (3) and 118(1) of the Bharatiya Nyaya Sanhita, 2023 (hereinafter referred to as ‘ BNS ’ for short) as well as under Section 3(1)(s) r/w 3(2)(va) of the SC/ST (POA) Act, 1989. As per the First Information Statement, it could be seen that at about 4.30 pm, the accused herein, who is not a member of either the Scheduled Caste or Scheduled Tribe community, trespassed into the courtyard of the house of the defacto complainant, and knowing his caste identity called his caste name, and beat him using a water hose, thereby causing injuries.

5. The learned Special Judge addressed the matter within the ambit of Section 18 of the SC/St (POA) Act, 1989, and specifically found that of the SC/ST (POA),1989 Act would not apply in the facts of the case, since the motivating factor for commission of offence is not the caste identity of the defacto complainant, but the same is a longstanding civil dispute pending between the parties relating to the use of the alleged pathway.

6. Even though it is argued by the learned counsel for the appellant that, since the ingredients to attract the offence under Section 118 of the BNS are made out prima facie, the corresponding offence under Section 3(2) (va) of the SC/ST (POA) Act, 1989, would also apply prime facie, and in such a case, the grant of anticipatory bail is prohibited, the learned counsel for the accused opposed this contention and contended that civil dispute in relation to a pathway is the crux of the allegation, where the allegation of commission of offences under the SC/ST (POA) Act is not at all made out prima facie.

7. On going through the First Information Statement, it appears that the appellant attempted to beat the defacto complainant when he was at the courtyard, and when he ran away, the accused beat him using a hose. However, in the wound certificate, no corresponding injuries could be found. Since the parties are neighbours and the dispute relates to the use of a pathway, I am not inclined to interfere with the order passed by the learned Special Judge granting anticipatory bail, on the finding that the statutory bar would not apply. Therefore, the appeal fails and is dismissed accordingly.

Sd/-