Four Accused In SC/ST Assault Case Get Anticipatory Bail After Karnataka HC Finds No Serious Allegations Against Them

In brief

The question

1. Whether the bar under Section 18A of the SC/ST Act precluded anticipatory bail where the complaint did not disclose a prima facie case against the appellants.

The court held

The Court allowed the appeal and ordered that the appellants be released on anticipatory bail if arrested in Crime No. 32/2026, subject to conditions including appearing before the trial Court within 15 days to secure regular bail, executing bonds, not leaving the trial Court’s jurisdiction without permission, not tampering with or threatening witnesses, and attending proceedings as directed.

01Facts

The appellants, arrayed as accused Nos. 3, 6, 7 and 8, sought anticipatory bail in connection with a case alleging offences under the Bharatiya Nyaya Sanhita, 2023 and Sections 3(2)(v), 3(1)(w) and 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

pp. 4–5, 7

The complaint alleged that the principal accused assaulted the complainant and his family, while the appellants accompanied them and abused the complainant’s family.

pp. 4–5, 7

The Sessions Court rejected the appellants’ anticipatory-bail application; by the time of the appeal, the investigation was complete and the charge sheet had been filed.

pp. 3, 6–7

02Issues

i.1. Whether the bar under Section 18A of the SC/ST Act precluded anticipatory bail where the complaint did not disclose a prima facie case against the appellants.

pp. 5–7

ii.2. Whether, in the circumstances—including completion of the investigation and the absence of serious allegations against the appellants—the appellants were entitled to anticipatory bail.

pp. 6–8

03Law Applied

Section 18A of the SC/ST Act restricts anticipatory bail in cases under the Act.

p. 6

However, relying on Prathvi Raj Chauhan v. Union of India, (2020) 4 SCC 727, the Court noted that anticipatory bail may be considered where the complaint does not disclose a prima facie case under the Act.

p. 6

The appeal was brought under Section 14A(2) of the SC/ST Act, which provides for an appeal against the relevant order of the Special Court or Exclusive Special Court.

p. 3

Provisions in the judgment · 12 · Linked ones open on LawLens

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3

Bharatiya Nyaya Sanhita, 2023 11 provisions

Section 189 Section 191 Section 115 Section 118 Section 109 Section 352 Section 351 Section 140 Section 329 Section 190 Section 74

04Reasoning

The Court examined the complaint and found that the specific allegations of assault were directed principally against Ravi Teja and Vamshi.

p. 7

As to the appellants, the complaint stated that they accompanied those accused and abused the complainant’s family, but disclosed no serious or specific overt acts by them.

p. 7

In light of that assessment, and the fact that the investigation had concluded and the charge sheet had been filed, the Court found the appellants entitled to anticipatory bail.

pp. 7–8