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Kripalsingh vs The State Of Madhya Pradesh on 9 August, 2018

1
HIGH COURT OF MADHYA PRADESH:JABALPUR
Cr.A. No.4873/2018
Kripal Singh vs. State of M.P.and another

JABALPUR, DATED : 09 .08.2018
Shri Manish Datt, Senior Advocate with Shri T. P.
Jaiswal, counsel for the appellant.
Shri Narendra Chourasiya, Government Advocate for
the respondent no.1/State.

None for respondent no.2-victim though served.
Heard on this appeal for anticipatory bail under
section 14-A of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, filed on behalf of
appellant Kripal Singh in Crime No.70/2018, registered by
P.S. Siddiquganj, District Sehore (M.P.), under sections
363, 366, 372, 374, 376, 506 of the Indian Penal Code,
Sections 3(1)(va) and 3(1)(w)(1) of the Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act, 1989
and Section 5/6 of the Protection of Children from Sexual
Offences Act.

This criminal appeal is directed against the order
dated 09.06.2018 passed by the Court of Special Judge
SC/ST (Prevention of Atrocities) Act, Sehore, in Bail
Application No.70/2018.

As per the prosecution case, the prosecutrix was a
minor being 14 years 9 months old. On 20.02.2018, her
father had dropped her at the house of her maternal uncle
Sai Singh where she stayed for a period of about two and a
half months. Thereafter, her maternal uncle Sai Singh had
dropped her at his friend Devi Singh’s house. She stayed in
Devi Singh’s house for a period of about one month.

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HIGH COURT OF MADHYA PRADESH:JABALPUR
Cr.A. No.4873/2018
Kripal Singh vs. State of M.P.and another

Thereafter, Devi Singh sold her to main accused Mahendra
Saindhav for a sum of Rs.1,25,000/-. Mahendra Saidhav
kept her with him for a period of about 15 days and raped
her several times. Once, when he was taking the prosecutrix
to a temple, she managed to escape and stayed at her
brother Bhim Singh’s house for a period of 10-12 days. On
19.04.2018, when the prosecutrix was going to her home
Shyampura, on the way, at Siddiqganj she stayed at
Rajaram’s house. On 20.04.2018, when she left Rajaram’s
house for going to Shyampura, main accused Mahendra
Singh came in a white Scorpio car. Rajaram’s wife Kuntabai
pushed the prosecutrix in a Scorpio car, Mahendra clamped
her mouth shut and tried to kidnap her; however, the
villagers came and rescued the prosecutrix.

As per the prosecution case, aforesaid white Scorpio
car belonged to petitioner Kripal Singh. Mahendra Singh
had taken aforesaid car on hire from Kripal Singh for
Rs.1000/-. When Mahendra Singh had tried to kidnap the
prosecutrix, Kripal Singh was also present in the car.

Learned counsel for the appellant submits that the
appellant is not in any manner related to Mahendra Singh.
He had simply given his car on hire to Mahendra Singh. He
was not present when Mahendra Singh had tried to kidnap
the prosecutrix. It has also been submitted that apart from
the memorandum of main accused Mahendra Singh, there is
nothing on record to indicate that Kripal Singh was present
in the car at the time of attempted kidnapping. This
3
HIGH COURT OF MADHYA PRADESH:JABALPUR
Cr.A. No.4873/2018
Kripal Singh vs. State of M.P.and another

memorandum is not admissible against the present
petitioner. In view of aforesaid, placing reliance upon the
judgment rendered by Supreme Court in the case Dr.
Subhash Kashinath Mahajan (supra), learned counsel for
the appellant submits that the appellant is entitled to
anticipatory bail because the allegation leveled against the
appellant appears to be prima facie mala fide. Therefore, it
has been prayed that the appellant be granted the benefit of
anticipatory bail.

Learned Government Advocate for the
respondent/State on the other hand has opposed the
application.

The Supreme Court has held in the case of Dr.
Subhash Kashinath Mahajan vs. State of Maharashtra
(Cr.A.No.416/2018 dated 20th March, 2018) as follows:

81. Accordingly, we direct that in absence of any other independent
offence calling for arrest, in respect of offences under the Atrocities
Act, no arrest may be effected, if an accused person is a public
servant, without written permission of the appointing authority and
if such a person is not a public servant, without written permission
of the Senior Superintendent of Police of the District. Such
permissions must be granted for recorded reasons which must be
served on the person to be arrested and to the concerned court. As
and when a person arrested is produced before the Magistrate, the
Magistrate must apply his mind to the reasons recorded and further
detention should be allowed only if the reasons recorded are found
to be valid. To avoid false implication, before FIR is registered,
preliminary enquiry may be made whether the case falls in the
parameters of the Atrocities Act and is not frivolous or motivated.
Consideration of present case

82. As far as the present case is concerned, we find merit in the
submissions of learned amicus that the proceedings against the
appellant are liable to be quashed.

Conclusions

83. Our conclusions are as follows:

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HIGH COURT OF MADHYA PRADESH:JABALPUR
Cr.A. No.4873/2018
Kripal Singh vs. State of M.P.and another

i) Proceedings in the present case are clear abuse of process of
court and are quashed.

ii) There is no absolute bar against grant of anticipatory bail in
cases under the Atrocities Act if no prima facie case is made out or
where on judicial scrutiny the complaint is found to be prima facie
mala fide. We approve the view taken and approach of the Gujarat
High Court in Pankaj D Suthar (supra) and Dr. N.T. Desai (supra)
and clarify the judgments of this Court in Balothia (supra) and
Manju Devi (supra);

ii) In view of acknowledged abuse of law of arrest in cases under the
Atrocities Act, arrest of a public servant can only be after approval
of the appointing authority and of a non-public servant after
approval by the S.S.P. which may be granted in appropriate cases if
considered necessary for reasons recorded. Such reasons must be
scrutinized by the Magistrate for permitting further detention.

iv) To avoid false implication of an innocent, a preliminary enquiry
may be conducted by the DSP concerned to find out whether the
allegations make out a case under the Atrocities Act and that the
allegations are not frivolous or motivated.

v) Any violation of direction (iii) and (iv) will be actionable by way
of disciplinary action as well as contempt.
The above directions are prospective.

As such, the scope for grant of anticipatory bail has
been considerably widened. Therefore, in view of the
submission made by learned counsel for the appellant, it
would be appropriate to dispose of this appeal for
anticipatory bail with following directions:

A preliminary inquiry shall be conducted by the DSP
concerned to find out whether the allegations make out a
case under the Atrocities Act and that the allegations are
not frivolous or motivated.

The appellant shall not be arrested before approval
by the S.S.P., which may be granted if deemed appropriate
and necessary for reasons to be recorded. Such reasons
5
HIGH COURT OF MADHYA PRADESH:JABALPUR
Cr.A. No.4873/2018
Kripal Singh vs. State of M.P.and another

shall be scrutinized by the Magistrate for permitting further
detention.

Accordingly, the appeal stands disposed of with
aforesaid directions.

(C.V. Sirpurkar)
Digitally signed
b
by BIJU BABY
Judge
Date: 2018.08.10
00:10:45 -07’00’

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