Delayed Complaint Weakens Case Under SC/ST Act: Karnataka High Court

The High Court of Karnataka, Dharwad Bench, has granted anticipatory bail to Panchakshari @ Panchayya and regular bail to Manjayya @ Manjunath in a case registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The court emphasized the delayed filing of the complaint and the lack of prima facie evidence as key factors in its decision.

The court noted that the complaint, filed by Anasuya Mallappa Harijan, was lodged 14 days after the alleged incident. Justice Vijaykumar A. Patil remarked, "The inordinate delay of 14 days in lodging the complaint raises questions about its credibility and the urgency of the alleged offense."

Justice Patil pointed out that the complainant, Anasuya, was not present during the incident and her allegations were based on hearsay. "The material available on record does not prima facie indicate the commission of offenses under the provisions of the SC/ST Act," the court stated, referencing the absence of direct evidence linking the accused to the alleged caste-based abuse.

The court drew upon the Supreme Court's ruling in Rahna Jalal Vs. State of Kerala, which underscores that the exclusion of Section 438 CrPC (anticipatory bail) under the SC/ST Act does not apply when the complaint does not make out a prima facie case. "A statutory exclusion of the right to access remedies for bail is construed strictly, for a purpose," the judgment noted, emphasizing the need for concrete prima facie evidence to uphold such exclusions.

Justice Patil underscored, "The averments made in the complaint are required to be established/proved during the course of the trial. The complaint's belated filing and the lack of direct witness presence during the incident significantly weaken the prosecution's case."

The High Court's decision to grant bail in this SC/ST Act case underlines the judiciary's commitment to ensuring due process and protecting individual liberties when prima facie evidence is insufficient. This judgment is expected to influence future cases by reinforcing the necessity for timely and credible complaints in allegations under the SC/ST Act.

Date of Decision: May 14, 2024

Shri. Panchakshari VS State of Karnataka