Dismissed

Moinoddin S/O Abdul Jalee Sagri and Anr. v. the State through Aland Police Station

Karnataka HC24 Jan 2013CRL.P/15109/2013

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of an anticipatory bail petition filed under Section 482 Cr.P.C. alleging offences under the SC & ST Act. The Court held that Section 18 of the SC & ST Act completely bars the remedy of anticipatory bail under Section 438 Cr.P.C. The Court dismissed the petition without adjudicating merits, directing the State to file a memo of appearance.

What the court decided

AI extract

Moinoddin S/O Abdul Jalee Sagri and Anr. Vs the State… — Caste Atrocities | Karnataka HC (2013)

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IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT GULBARGA

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DATED THIS THE 24^TH DAY OF JANUARY, 2013

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BEFORE

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THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY

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CRIMINAL PETITION NO.15109 OF 2013

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BETWEEN:

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Moinuddin, S/o. Abdul Jaleel Sagri, Aged 53 years, Occupation: Nil.

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Ahmed Hussain, S/o. Moinuddin Sagri, Aged 29 years, Occupation: Employee (District Co-ordinator) Private Limited, in Education Department, Resident of Noorani Mohalla, Razvi Road, Aland, District: Gulbarga. … Petitioners

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(By Shri Baburao Mangane and Ashok B. Mulage, Advocates)

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AND:

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The State through Aland Police Station.

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… Respondent

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(By Sanjay A. Patil, Additional State Public Prosecutor)

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This Criminal Petition is filed under Section 482 of Cr.P.C. praying to release the petitioners on bail in the event of their arrest in Crime No.254/2012 of Aland Police Station, Taluk: Aland, District: Gulbarga, which is registered for the offence punishable under Sections 34, 504, 323 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

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This petition coming on for Orders this day, the Court made the following�

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O R D E R

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Heard the learned counsel for the petitioners.

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The petitioners are accused of an offence punishable

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under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the ‘SC & ST Act’ for brevity).

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The learned counsel would canvass an attractive

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argument that the primary requirement to attract the provisions of the SC & ST Act, would be to establish that the accused were aware of the complainant belonging to a Scheduled Caste or a Scheduled Tribe and with that knowledge, having insulted

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or humiliated the said complainant and, in the absence of any such prima facie material to hold that the offence has been committed under the SC & ST Act, would be putting “the cart before the horse” and hence, the bar under Section 18 of the SC & ST Act would not be attracted in considering the present petition for anticipatory bail.

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However, from a reading of Section 18, the bar is complete, in that, Section 438 is completely excluded if there is a case under the provisions of the SC & ST Act. Notwithstanding the defence that may be available to the accused, it is open for the accused to set up all the defences that are available to him at the trial, the bar would not apply insofar as the accused seeking bail in the normal course. Therefore, when that remedy is available to the petitioner, to consider the anticipatory bail petition even though admittedly there is a case under the provisions of the Act, would be contrary to the law. Hence, without prejudice to the merits of the petitioner’s case,

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which may be urged before the court below, the petition stands disposed of.

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The learned Additional Public Prosecutor to file his

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memo of appearance within two weeks.

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Sd/JUDGE

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Moinoddin S/O Abdul Jalee Sagri and Anr. v. the State through Aland Police Station

Case brief

What is this about?

What the court decided

Moinoddin S/O Abdul Jalee Sagri and Anr. v. the State through Aland Police Station

Case brief

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What the court decided

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