Karnataka High Court Denies Anticipatory Bail in Caste-Based Marriage Refusal Case

The court upholds the statutory bar under Section 18A of the SC/ST (Prevention of Atrocities) Act, 1989, denying anticipatory bail to the accused.

In a significant decision, the Karnataka High Court has denied anticipatory bail to Sri. Bagvantha Ray, a police constable, accused of refusing to acknowledge his marriage to a colleague on the grounds of her Scheduled Caste status. The judgment, delivered by Justice S Rachaiah, emphasized the statutory prohibition under Section 18A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, which precludes the granting of anticipatory bail in such cases.

The case originated when the complainant, also a police constable, alleged that Sri. Bagvantha Ray had married her in a private ceremony and maintained a physical relationship with her under the promise of eventually revealing their marriage. However, upon her insistence on public acknowledgment, he allegedly refused, citing caste differences, and subsequently assaulted her.

The appellant, represented by Advocate Sri. Dayanand Hiremath, contended that the allegations were unfounded and that he had been falsely implicated due to personal differences. He argued that no evidence substantiated the claims of marriage or assault, and highlighted his role as the primary breadwinner for his family, urging the court to grant him anticipatory bail with conditions.

Conversely, the State's High Court Government Pleader, Smt. Waheeda M.M., maintained that the complaint's contents clearly indicated that the appellant refused to accept the complainant as his wife due to her caste, thereby fulfilling the criteria for offenses under the SC/ST Act.

After reviewing the arguments and evidence, Justice Rachaiah concluded that the appellant’s actions, as described in the complaint, did attract the provisions of the SC/ST (Prevention of Atrocities) Act, thus invoking the statutory bar against granting anticipatory bail as per Section 18A. Consequently, the appeal was dismissed, reinforcing the legal protections afforded to Scheduled Castes under the said Act.

This judgment underscores the judiciary’s commitment to upholding the provisions of the SC/ST (Prevention of Atrocities) Act, 1989, ensuring that caste-based discrimination and related offenses are addressed with the seriousness they warrant.

Statutory provision(s): Section 18A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

Sri. Bagvantha Ray v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 2809378