GAJANAN SHRIKRISHNA KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Apprehending arrest, in connection with the Crime No.285 of 2021 registered with Nerul Police Station under Sections 498A, 323, 504, 506II of the Indian Penal Code, 1860 and Sections 3(1)(r)(s)(t)(v), 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ( 'Act of 1989 ' for short), applicant seeks pre-arrest bail.

(3.) Law concerning applicability of Section 438 of the Code of Criminal Procedure, 1973 is that, it shall not apply to cases under Act of 1989; however, if complaint does not make out prima-facie case for applicability of the provisions of the Act of 1989, the bar created by Section 18 shall not apply.