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Head Note

The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act,1989  - Section 18 , The Code of Criminal Procedure, 1973  - Section 438

Petitioners and other Accused persons abused the Complainant and her husband by calling their caste (Mahar) and assaulted them for their action of letting rain water to their field - Accused are not entitled to anticipatory bail under Section 438 Cr.P.C. in view of bar created by Section 18 of 1989 Act which is special law - Held - When a provision has been enacted in the Special Act to protect the person who belong to the Scheduled Castes and the Scheduled Tribes and a bar has been imposed in granting bail under Section 438 of the Code, the provision in the Special Act cannot be easily brushed aside by elaborate discussion on the evidence.

Topic(s)-

Important Decision(s)- 

• Accused are not entitled to anticipatory bail under Section 438 Cr.P.C. in view of bar created by Section 18 of 1989 Act which is special law.
• The Special Act cannot be easily brushed aside by elaborate discussion on the evidence.