JUDGMENT : C.S. SUDHA, J. This appeal under Section 14A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Act) has been filed by the petitioner/accused in crime no.1013/2023 of Pantheerankavu police station, Kozhikode, aggrieved by the dismissal of his petition under Section 438 Cr.P.C ., namely, Crl.M.C.No.429/2024, on the file of the Court of Session, Kozhikode, seeking pre-arrest bail. 2. It was submitted by the learned counsel for the appellant/accused that the latter got acquainted with the 2 nd respondent herein, the alleged victim through Shaadi.com. The 2 nd respondent, though a married lady registered herself in the aforesaid site as an unmarried lady. The appellant/accused got acquainted with the 2 nd respondent. Suppressing the fact that the 2 nd respondent was already married, she entered into a relationship with the appellant/accused, pursuant to which they started living together. While so, the 2 nd respondent conceived and later on, at her instance she underwent an abortion. It was 6 months after the abortion, Annexure A5 FIS was given based on which the present crime, that is, crime no.1013/2023, that is, Annexure A6 FIR has been registered. No offences as alleged in the FIR are made out hence the trial court ought to have granted pre-arrest bail. 3. The request for pre-arrest bail is opposed by the learned Public Prosecutor who submitted that the investigation is only at its preliminary stage. The offences alleged are made out from the materials presently available. Further, the bar under Sections 18 and 18A of the Act is attracted and hence the trial court was right in dismissing the application. No grounds for interference are made out, argued the public prosecutor. 4. Heard both sides. 5. Admittedly, the appellant/accused and the 2 nd respondent were in a relationship and they were living together. Even going by the case of the 2 nd respondent in the first FIR, that is, Annexure A1 FIR in crime no.167/2023, Women Police Station, Basavanagudi, she met the appellant/accused on 26/05/2022 through the matrimony website Shaadi.com, pursuant to which they developed a relationship and started living together. Her case in Annexure A2 FIS in the said crime seen registered on 24/06/2023 is that she along with the appellant/accused were residing together in Calicut. The appellant had introduced her to his family and there was a discussion about their marriage also. Her case in Annexure A2 FIS in the said crime seen registered on 24/06/2023 is that she along with the appellant/accused were residing together in Calicut. The appellant had introduced her to his family and there was a discussion about their marriage also. Later on, they moved to Bangalore where also they lived together. When the appellant/accused suffered loss in his business, he demanded money from her on the premise that she would any way have to pay money at the time of their marriage. Accordingly, she availed loans from banks and gave an amount of ?19.98 lakhs and also 117 gms of gold jewellery to the appellant/accused. While they were living together, the appellant/accused used to come home drunk, abuse her and physically assault her. She was also sexually abused during the said period. On 03/01/2023 she realised that she was pregnant and when she informed the appellant/accused, he lost his temper and started beating her. On 12/02/2023 the appellant/accused took her to A.R. Hospital, Mysore and compelled her to undergo an abortion. She was thereafter wrongfully detained in the house for about 8 days during which period the appellant/accused tortured her mentally and physically. On 05/06/2023 the appellant/accused told her that they need to mend their relationship and get married. However, thereafter also he demanded more money and assaulted her. On 06/06/2023 at 03:00 a.m. the appellant/accused left the house without informing her. Hence the complaint to the police, for taking necessary action against the appellant/accused for having taken away her mobile phone, money and gold ornaments. As per Annexure A1 FIR based on Annexure A2 FIS, the appellant/accused is alleged to have committed the offences punishable under Sections 417, 420, 354A, 313, 343, 323 and 504 IPC. It is pertinent to note that there is no allegation of rape or commission of any offence(s) under the Act. 6. The Court of Session, Kozhikode as per Annexure A4 order dated 08/09/2023 granted anticipatory bail to the appellant/accused in Annexure A1 crime. 7. The present crime, that is, crime no.1013/2013, Pantheerankavu police station, Kozhikode, that is, Annexure A6 FIR is seen registered on 24/12/2023 alleging the commission of the offences punishable under Sections 376, 376(2)(n), 384, 324 and 506 IPC. Initially when the crime was registered there was no allegation of commission of any offence(s) punishable under the Act. 7. The present crime, that is, crime no.1013/2013, Pantheerankavu police station, Kozhikode, that is, Annexure A6 FIR is seen registered on 24/12/2023 alleging the commission of the offences punishable under Sections 376, 376(2)(n), 384, 324 and 506 IPC. Initially when the crime was registered there was no allegation of commission of any offence(s) punishable under the Act. From the CD it is seen that Section 3(1)(w)(i)(ii) of the Act was added to the FIR on 31/01/2024. The impugned order refers to Sections 3(2)(v) and 3(2) (va) also of the Act. 8. In the present crime, the prosecution case as revealed from Annexure A5 FIS is as follows: the 2 nd respondent met the appellant/accused through the matrimony website Shaadi.com, at which time she was quite depressed as she was separated from her husband. Initially the appellant/accused was quite kind and loving towards her. They fell in love. As she was working from home, as insisted by the appellant/accused she joined him to Kozhikode, where an apartment was taken on rent in her name and they started living together. From 25/07/2022 till 24/10/2022 the appellant/accused was also living with her. On 27/07/2022 at 06:30 a.m. the appellant/accused approached her, kissed her and tried to have sexual intercourse with her. When she did not consent to the same, the appellant/accused forcibly pushed her on to the bed and raped her. On the promise of marriage, the appellant/accused on 30/07/2022 at 06:00 a.m. and on 19/09/2022 at 23:00 hrs. forcibly had sexual intercourse with her. He has taken Rs.19.98 lakhs and 117 gms of gold ornaments for his financial dealings. Now he is demanding more money and threatening her that if she does not accede to his demand, he would send her naked photographs to her relatives. The appellant/accused regularly takes drugs. For 8 days, he locked her in an apartment in Bangalore and burnt her with cigarettes. She has scars of the burn injuries. The appellant/accused took away her phone and so she was unable to contact the police or her relatives. On 19/09/2022 at 23:00 hrs. he again raped her. He threatened her with dire consequences if she disclosed the incident to others. When she became pregnant, the appellant/accused on 12/02/2023, forcibly took her to A.R. Hospital, Mysore and aborted the 11 week old foetus. On 19/09/2022 at 23:00 hrs. he again raped her. He threatened her with dire consequences if she disclosed the incident to others. When she became pregnant, the appellant/accused on 12/02/2023, forcibly took her to A.R. Hospital, Mysore and aborted the 11 week old foetus. She has come to know from the Instagram account of the appellant/accused that he is getting married on 05/01/2024. This news has mentally and physically drained her When she came to know about his impending marriage, she along with her paternal aunt went to the house of the appellant/accused. There she was insulted by his relatives. His father threatened to do away with her. Hence necessary action may be taken. In the FIS it is also stated that she belongs to the Naik community, which is a Scheduled Tribe. 9. As noticed earlier no offence(s) under the Act was initially alleged to have been committed. It was thereafter Sections 3(1)(w)(i)(ii); 3(2)(v) and 3(2)(va) of the Act are seen added. Section 3(1)(w)(i) says that whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, intentionally touches a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe, when such act of touching is of a sexual nature and is without the recipient's consent is liable to be punished. Section 3(1)(w)(ii) is attracted when any person not being a Scheduled Caste or Scheduled Tribe uses words, acts or gestures of a sexual nature towards a woman belonging to a Scheduled Caste or a Scheduled Tribe, knowing that she belongs to a Scheduled Caste or a Scheduled Tribe. Section 3(2)(v) of the Act is attracted when a person not being a member of a Scheduled Caste or a Scheduled Tribe, commits any offence under the Indian Penal Code punishable with imprisonment for a term of ten years or more against a person or property knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member. Finally, Section 3(2) (va) says that when a person not being a member of a Scheduled Caste or Scheduled Tribe commits any offence specified in the Schedule, against a person or property, knowing that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, is liable to be punished with such punishment as specified under the Indian Penal Code for such offences and shall also be liable to fine. 10. None of the aforesaid offences are prima facie made out from Annexure A5 FIS because the offences under the Act will not be made out merely for the reason that the victim is a member of Scheduled Caste or Scheduled Tribe community. If only it is shown that the crime was committed merely for the reason that the victim belongs to Scheduled Caste or Scheduled Tribe community, the offences under the Act would be made out. That is not prima facie made out from the materials presently on record. That being the position, it can only be held that the bar under Section 18 and 18A of the Act is not attracted. 11. As noticed earlier, in Annexure A1 FIR, the 2 nd respondent has no case of rape. It is only the 2 nd FIR, that is, Annexure A5 the allegation of rape is raised for the first time. Even after the instances of rape on 27/07/2022, 30/07/2022 and on 19/09/2022 and abortion on 12/02/2023, she is seen to have continued to live with him till 06/06/2023, that is for merely a year when the appellant/accused is alleged to have abandoned her. 12. According to the appellant/accused, in May 2023, the Mysore police contacted the 2 nd respondent regarding one of the complaints she had filed earlier. It was then that the appellant/accused came to know that she was already married and that her marriage still subsists. The appellant/accused then realised the reason why the 2 nd respondent had kept postponing the marriage by giving various excuses. When the 2 nd respondent realised that the appellant/accused has come to know of her marital status, she left his company on her own accord and thereafter on 24/06/2023, gave the first case against him followed by the present case on 24/12/2023. 13. When the 2 nd respondent realised that the appellant/accused has come to know of her marital status, she left his company on her own accord and thereafter on 24/06/2023, gave the first case against him followed by the present case on 24/12/2023. 13. As per Annexure A7 judgment dated 30/01/2024 in C.C.No.990/2022 on the file of the Court of the VIIth Additional Senior Civil Judge and JMFC, Mysuru, the husband and in-laws of the 2 nd respondent have been acquitted under Section 248(1) Cr.P.C . of the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. On going through the judgment it is seen that the 2 nd respondent herein and her mother turned hostile resulting in the acquittal of the accused persons in the said case. 14. In the appeal memorandum it is alleged that the marriage between the 2 nd respondent and her husband, the first accused in Annexure A7 case was dissolved by a decree of mutual consent in February 2024. Therefore, when the 2 nd respondent and the appellant/accused started residing together from 2022 onwards she was a married lady. In both the FIS in the aforesaid crimes, the 2 nd respondent does not have a case that the appellant/accused was well aware of her marital status and despite knowing so, he started living with her. When the 2 nd respondent continued to be married to somebody else, how could the appellant/accused have married her. During the period they lived together from 2022 till 2023, the 2 nd respondent continued to be a married lady. It appears that only in 2024, the marriage of the 2 nd respondent was dissolved. She has no case that the appellant/accused promised to marry her after she obtained a divorce from her husband. No reasons are given as to why the allegation of rape was never raised in the first FIR. From a reading of Annexure A5 FIS, it appears that the same has been given when the 2 nd respondent came to know that the appellant/accused has decided to marry another lady. In the facts and circumstances of the case, I do not think that the arrest and detention of the accused or custodial interrogation is necessary because the fact that the parties lived together and had coitus is admitted. In the facts and circumstances of the case, I do not think that the arrest and detention of the accused or custodial interrogation is necessary because the fact that the parties lived together and had coitus is admitted. The question whether the 2 nd respondent was in any way cheated by the appellant/accused is something which will have to be determined based on the evidence adduced by the prosecution during the trial of the case. Hence, I find that the appellant/accused is entitled to an order of pre-arrest bail. The trial court erred in dismissing the application for pre-arrest bail and so the impugned order requires to be interfered with. In the result, the appeal is allowed and the appellant/accused is granted pre-arrest bail on the following conditions:- i) The appellant/accused in the event of his arrest shall be released on bail on execution of a bond to the satisfaction of the officer concerned. ii) The appellant/accused shall co-operate with the investigation and appear before the investigating officer as and when directed. iii) He shall not leave the country without the prior permission of the trial Court. iv) He shall surrender his passport to the jurisdictional court. If the appellant does not have a passport, he shall file an affidavit to the said effect before the jurisdictional court within seven days of his release on bail. v) The appellant/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. Interlocutory applications, if any pending, shall stand closed.