Jaikum and Others vs State of Haryana

Alok Singh, J.—This is an application seeking anticipatory bail in case FIR No. 370 dated 4.11.2010 under Sections 436, 506, 34 of the Indian Penal Code and Section 3 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Tauru, District Mewat.

Learned Counsel for the Petitioners has vehemently argued that to constitute an offence u/s 3 of the SC/ST Act, any action or omission should have been in the public place or public view. He has placed reliance on the judgment of this Court in the matter of Jagir Chand v. State of Punjab 2002 (4) RCR 445, judgment of Karnataka High Court in the matter of N.B. Gungarakoppa and Ors. v. State of Karnataka 2002 (4) RCR 77 and Full Bench judgment of Rajasthan High Court in the mater of Virendra Singh v. State of Rajsthan 2000 (4) RCR 53 and has argued that anticipatory bail in the offence u/s 3 of the SC/ST Act is not totally barred if prima facie Court finds that offence was not committed in public view, then the Court is empowered to enlarge the accused on anticipatory bail.

There is no dispute about the proposition of law as held by the different High Courts as cited by the learned Counsel for the Petitioners/accused. However, in the present case, it has been specifically mentioned by the complainant that when he was in the kasba (town) he was not only beaten up but accused persons have humiliated him by calling his caste.

In the opinion of this Court, prima facie case is made out, hence in view of Section 18 of the SC/ST Act, no anticipatory bail can be granted in favour of the Petitioners.

Interim order dated 15. 11.2010 is recalled.

Dismissed.

At this stage, learned Counsel for the Petitioners/accused states that Petitioners would like to surrender before the Court and they should be granted some time to surrender before the Court.

Let accused/Petitioners surrender before the Court on 27.1.2011.