Anticipatory Bail and Public View: WhatsApp Circulation of Obscene Media under the SC/ST Act

sketch of the Bombay High Court
Case
NIKHIL MADHUKAR THEPALE v. STATE OF MAHARASHTRA THR PSO PS GHUGGUS DIST CHANDRAPUR AND ANR. (Bombay High Court, 29-09-2026)
Law
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Bharatiya Nyaya Sanhita, Information Technology Act, Code of Criminal Procedure.

Highlights of the Judgment:

  • Analysis of the statutory bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, regarding anticipatory bail.
  • Interpretation of the concept of public view under Section 3 of the SC/ST Act concerning digital circulation of objectionable media via WhatsApp.
  • Evaluation of the legal impact of an accused remaining absconding since crime registration on the discretionary grant of pre-arrest bail.
  • Application of intersecting penal provisions under the Bharatiya Nyaya Sanhita, 2023, Information Technology Act, 2000, and SC/ST Act.
  • Review of prima facie evidentiary requirements necessary to sustain atrocities charges during bail proceedings.