Daijiworld Media Network - Mangaluru (SP)

Mangaluru, Jul 2: As per law, caste abuse accused cannot get bail for a minimum period of six months as per Scheduled Castes and Tribes (Prevention of Atrocities) Act. This provision was sometimes being misused, and even innocent people faced problems. The state high court which had a long and hard look at the provisions has now come to the conclusion that bail can be granted in such cases.

When hearing a case, the high court remarked that withdrawal of bail provisions is tantamount to snatching away of the rights of the citizens. It noted that under section 15 of Indian Penal Code, anticipatory bail cannot be granted in caste abuse cases. Noting that a few have been misusing these provisions, the high court said that if a case is registered against innocent persons, arresting him in the n name of law is not right.

On May 14 this year, a resident of Srinivaspura in Kolar district had filed complaint in Srinivaspura police station complaining about the fact that his wife had gone missing. After her whereabouts were found, he asked her to come with him but she had refused. He had complained that a gang of four had used obscene words against him, abused the caste to which he belongs, atrocities were committed against him and threats were posed. On the basis of the complaint, the police had registered a case.

An anticipatory bail application was moved in the high court on behalf of the accused in the case. The judgement said that the provision barring anticipatory bail in all cases is wrong. The high court has observed that the law should not turn into a China Wall for the people. This judgement will be applicable to the entire country, as the high court bench is considered to be a constitutional bench, it is learnt.

High court advocate, Pawanchandra Alva, noted that the high court had concluded that not granting bail in a case is tantamount to snatching away of citizens’ rights. He said that getting protection under the law is the right of everyone, and this judgement will bring lot of changes in the law of the country.