Mumbai: The Bombay High Court has ruled that circulating videos and photographs of a person belonging to a Scheduled Caste or Scheduled Tribe community through WhatsApp can fall within the ambit of “public view” under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The court made the observation while dismissing a bail application filed by Nikhil Thepale, who is facing multiple charges, including offences under the SC/ST Act.
Justice Yanshivraj Khobragade observed that the material available on record was sufficient to constitute offences under Sections 3(1)(w)(ii) and 3(2)(va) of the SC/ST Act. The court further held that the circulation of the victim’s videos and photographs through WhatsApp from a mobile phone could fall within the meaning of “public view”.
According to the prosecution, the victim belongs to an SC/ST community and Thepale had allegedly demanded favours from her. After she refused, he allegedly recorded videos and photographs of her and circulated them through WhatsApp to her husband, sister-in-law and other relatives.
The accused is also facing charges under Sections 77 and 78 of the Bharatiya Nyaya Sanhita (BNS), 2023, along with Sections 66(E) and 67 of the Information Technology Act, 2000.
The FIR in the case was registered on November 5, 2025. The court noted that Thepale had remained absconding since the registration of the case.
Rejecting his bail plea, Justice Khobragade observed that the accused’s continued absence since the registration of the offence was a relevant consideration. “The appellant has remained absconding since the date of registration of the crime. Therefore, to my mind, the appellant is not entitled to bail,” the court stated.
