In Brief
A woman belonging to a Scheduled Caste complained that respondents entered her home, assaulted her, abused her with caste-based slurs ('Harijan', 'Dhobi'), and threatened her. The magistrate took cognizance under IPC Sections 323, 354, 452 and SC/ST Act Section 3(1)(xi). The respondents obtained anticipatory bail from the High Court. The Supreme Court held that Section 18 of the SC/ST Act bars the application of Section 438 CrPC (anticipatory bail) in atrocity cases. Since the magistrate had found a prima facie case made out, which was upheld by higher courts, the High Court erred in granting anticipatory bail. The appeal was allowed and the bail order set aside.
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