High Court of Karnataka Grants Bail to Accused in SC/ST Act Case Due to Lack of Prima Facie Evidence of Caste-Based Intent. The court held that the mere fact that the victim belongs to a Scheduled Caste is not sufficient to attract the provisions of the SC/ST (POA) Act, 2015, and that there must be a nexus between the offence and the caste of the victim.

High Court: Karnataka High Court Bench: DHARWAD In Favour of Accused

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2026-05-18 14:32:35

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Case Note & Summary

The appellant, Rafiq S/o Laalsab Bepari, filed a criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015, challenging the order dated 21.05.2024 passed by the III Addl. District and Sessions Judge, Belagavi, in Criminal Misc. No.544/2024, which rejected his bail application. The appellant was accused No.1 in Savadatti Police Station Crime No.164/2024. The prosecution alleged that the victim, a married woman belonging to a Scheduled Caste, was befriended by the appellant, who induced her with a job promise, sexually assaulted her, and confined her in Belagavi. The appellant sought bail on the ground that the allegations did not prima facie disclose that the offence was committed on account of the victim's caste, and that he was a permanent resident with no criminal antecedents. The court, after hearing the parties, observed that the mere fact that the victim belongs to a Scheduled Caste is not sufficient to attract the provisions of the SC/ST Act; there must be a nexus between the offence and the caste of the victim. The court also noted that the investigation was complete, the appellant was a permanent resident, and there was no likelihood of him fleeing from justice or tampering with evidence. Accordingly, the court allowed the appeal, set aside the impugned order, and directed the appellant to be released on bail subject to certain conditions.

Headnote

A) Criminal Law - Bail under SC/ST Act - Section 14A(2) of SC/ST (POA) Act, 2015 - Prima Facie Case - The court considered whether the allegations in the FIR prima facie disclose that the offence was committed on account of the victim's caste. Held that the mere fact that the victim belongs to a Scheduled Caste or Scheduled Tribe is not sufficient to attract the provisions of the Act; there must be a nexus between the offence and the caste of the victim. (Paras 1-10)

B) Criminal Law - Bail - Nature and Gravity of Offence - The court examined the nature and gravity of the offence, the likelihood of the accused fleeing from justice, and the possibility of tampering with evidence. Held that the accused is entitled to bail as he is a permanent resident, there is no criminal antecedents, and the investigation is complete. (Paras 11-15)

Issue of Consideration

Whether the appellant/accused is entitled to bail under Section 14A(2) of the SC/ST (POA) Act, 2015, when the allegations do not prima facie disclose that the offence was committed on account of the victim's caste.

Final Decision

Appeal allowed. Impugned order dated 21.05.2024 set aside. Appellant/accused No.1 to be released on bail in Crime No.164/2024 of Savadatti Police Station, subject to conditions including furnishing a personal bond of Rs.1,00,000 with one surety, appearing before the court as directed, not tampering with evidence, and not leaving the jurisdiction without prior permission.

Law Points

Bail under SC/ST Act
Section 14A(2) of SC/ST (POA) Act
2015
Prima facie case
Caste-based intent
Nature and gravity of offence
Likelihood of fleeing from justice

Case Details

2024 LawText (KAR) (07) 101

CRL.A No. 100296 of 2024

2024-07-03

S. Rachaiah

Sri. Mahantesh S. Hiremath (for appellant), Sri. Praveena Y. Devareddiyavara (HCGP for R1), Sri. S. R. Hegde (for R2)

Rafiq S/o Laalsab Bepari

The State of Karnataka, Smt. Kaveri Yallappa Bhajantri

Nature of Litigation

Criminal appeal against rejection of bail under SC/ST Act

Remedy Sought

Appellant sought setting aside of order rejecting bail and release on bail

Filing Reason

Appellant aggrieved by order dated 21.05.2024 rejecting bail in Crime No.164/2024

Previous Decisions

Trial Court rejected bail application in Criminal Misc. No.544/2024 on 21.05.2024

Issues

Whether the allegations prima facie disclose that the offence was committed on account of the victim's caste? Whether the appellant is entitled to bail under Section 14A(2) of the SC/ST (POA) Act, 2015?

Submissions/Arguments

Appellant argued that the allegations do not prima facie disclose caste-based intent, and that he is a permanent resident with no criminal antecedents. Respondent/State opposed bail citing the gravity of the offence and the victim's caste.

Ratio Decidendi

For attracting the provisions of the SC/ST (POA) Act, 2015, there must be a nexus between the offence and the victim's caste; mere belonging to a Scheduled Caste is not sufficient. Bail should be granted when the accused is a permanent resident, has no criminal antecedents, and the investigation is complete.

Judgment Excerpts

The mere fact that the victim belongs to a Scheduled Caste or Scheduled Tribe is not sufficient to attract the provisions of the Act; there must be a nexus between the offence and the caste of the victim. The appellant is a permanent resident of the locality and there is no criminal antecedents against him. The investigation is complete.

Procedural History

The appellant filed a bail application before the III Addl. District and Sessions Judge, Belagavi, which was rejected on 21.05.2024. Aggrieved, the appellant filed the present criminal appeal under Section 14A(2) of the SC/ST (POA) Act, 2015 before the High Court of Karnataka, Dharwad Bench.