2020 (1) ABR(Cri) (NOC) 20 (BOA) ::AIROnline 2019 Bom 1252 ::(2020) 1 Bom CR (Cri) 767 ::2020 (1) Bom CR (Cri) 767

Bombay High Court

Hon'ble Judge(s): K. K. Sonawane , J

Criminal P.C. (2 of 1974) , S.438— Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (33 of 1989) , S.3(1)(r)(s), S.3(2)(va), S.18— Anticipatory bail - Rejection of - Ground that allegations against applicant sufficient to make out offence under 1989 Act - Accused allegedly abused informant with reference to his caste - Prima-facie ingredients of penal provisions of 1989 Act absent - Absence of mens rea to humiliate informant on his caste in public view - Provision of Ss. 3(1)(r)(s), 3(2) (va) of 1989 Act would not be applicable and would not create statutory embargo as prescribed under S.18 of Act - No impediment to entertain application under S. 438 of Cr. P. C., in spite of bar under S.18 of 1989 Act - Rejection of anticipatory bail - Not proper. Penal Code (45 of 1860) , S.323, S.506— (Para 9 12) .....