Case Note & Summary
The High Court allowed the criminal appeal and granted anticipatory bail to the appellant, who was accused of offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Bharatiya Nyaya Sanhita in connection with the suicide of Deepak, the informant's son. The case involved allegations that the appellant, along with others, harassed and abused Deepak on his caste due to non-repayment of a loan, leading to his suicide. The Court found that the First Information Report (F.I.R.) primarily indicated a financial dispute over loan transactions between the appellant's son and the deceased's mother, with no specific allegations of caste-based abuse by the appellant or knowledge of the victim's caste. The Court held that the dispute did not disclose grave criminal intent requiring custodial interrogation, and the appellant's willingness to produce the bond document mitigated the need for arrest. Consequently, the impugned order denying anticipatory bail was set aside, and bail was granted subject to conditions.
Headnote
The High Court of Judicature at Bombay, Aurangabad Bench, allowed the criminal appeal filed by the appellant-accused against the order of the Additional Sessions Judge-1/Special Judge, Nanded, which declined anticipatory bail in Crime No.357 of 2025 registered under Sections 108, 352, 351(3) of the Bharatiya Nyaya Sanhita and Sections 3(1)(r), 3(2)(va), 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -- The Court held that the dispute was predominantly financial in nature arising from loan transactions between the appellant's son and the deceased's mother, with no prima facie evidence of caste-based atrocities or knowledge of the victim's caste as required under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -- The Court emphasized that custodial interrogation was unnecessary as the appellant was willing to produce the relevant bond document and there was no allegation of cheating, criminal breach of trust, extortion, or forgery -- Relying on precedents including Vasant Kerba Shinde Vs. State of Maharashtra and Keshav Reddy Vs. The State of Maharashtra, the Court granted anticipatory bail with conditions including cooperation with investigation and no tampering with evidence
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Issue of Consideration: The Issue of whether the appellant was entitled to anticipatory bail in a case registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Bharatiya Nyaya Sanhita, involving allegations of caste-based abuse and harassment related to loan transactions
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Final Decision
The High Court allowed the criminal appeal, set aside the impugned order dated 26.12.2025, and granted anticipatory bail to the appellant subject to conditions including executing a personal bond of Rs.25,000 with one surety, cooperating with the investigation, not tampering with evidence, and attending the police station as directed
