High Court grants an Anticipatory Bail to an accused, for accusation under Section 504, IPC [Read Order]

On 7^th August 2020 the Nagpur Bench of the Bombay High Court, comprising of Justice S.M. Modak in the case Vinod Bapurao Khedkar and Ors. v, State of Maharashtra, granted Anticipatory Bail under Section- 439 of Indian Penal Code, 1860 to an accused charged for the Intentional insult with intent to provoke breach of the peace. 

Facts

The Appellant was accused of offenses under Sections 294( Obscene acts and songs), section- 504( Intentional insult with intent to provoke breach of the peace),  section-506( Punishment for Criminal Intimidation), section- 34( Acts done by several persons in furtherance of common intention) of the Indian Penal Code, 1860; along with 3(1) (b) (c) (r) (s) and 3(1) (w) (ii) of the Scheduled Castes and the Scheduled Tribes( Prevention of Atrocities Act, 1989).

The Appellant on the apprehension of arrest filed an application for Anticipatory Bail, but the Court rejected the application. The Appeal has been filed as it is stated that the Informant and the Appellant are neighbors. The Appellant wanted to construct a compound wall, but this was refuted by the Informant.

However, the Nagar Parishad gave permission to the Appellant for constructing the wall. The incident occurred on 4^th June, 28^th June 2020. The first incident took place in the Office of Nagar Parishad, Anjangaon, Urji, while the second incident occurred outside the house of the first informant. It was alleged by the Informant that there were abuses on the basis of Caste.

Arguments of the Appellant-

The Learned Counsel of the Appellants Shri S. M. Vaishnav relied upon the case Pradnya Pradeep Kenkare and Another v. State of Maharashtra 2005(3) Mh .L.J. 368, in which it was held that the incident shall be accessible to the public and it shall have taken place at a public place. To decide whether these elements were fulfilled in the present case, a detailed hearing is a must.

Order-

The Court granted ad Interim protection to the Appellants. The Investigating Officer has been directed to release the Appellants on bail on furnishing personal bond of Rs. 15,000 each.

The Appellants have to be present in the Anjangaon Police Station every Monday from 11:00 am to 1:00 pm.

This Order shall be communicated to the concerned parties either by E-mail or WhatsApp or any other mode as per the provisions of Law. The next date of hearing is fixed for 18 August 2020.

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