Ganesh Ankush Patil And Anr vs The State Of Maharashtra And Anr
2022 Latest Caselaw 9675 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL APPEAL NO.230 OF 2021

Ganesh Ankush Patil and another                               Appellants
             versus
The State of Maharashtra and another                          Respondents

Mr.Arun Rajput, Advocate for appellants.
Mr.Sushan Mhatre, Advocate for respondent no.2.
Mr.A.R.Patil, APP, for State.
ASI Anwar Shaikh, Padgha Police Station.

                          CORAM :          PRAKASH D. NAIK, J.

                          DATE     :       22nd September 2022
PC :

1.     This is an appeal under Section 14A of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act (`Atrocities Act'). The
appellants are apprehending arrest in connection with FIR No.227 of
2020 registered with Padgha Police Station for offences under
Sections 323, 324, 504, 506 r/w 34 of Indian Penal Code and
Sections 3(1)(r), 3(2)(va) of Atrocities Act. The FIR was registered
on 19th August 2020.


2.     The case of prosecution is that the alleged incident has taken
place on 18th August 2020 at about 10.00 p.m. The complainant was
apprehended by accused from the field and taken to police station as
he was found in the agricultural field in a suspicious manner. It is
alleged that the complainant was assaulted. He was dragged into the
village and as a result of assault he sustained injuries.


3.     The appellants preferred application for anticipatory bail
before Sessions Court which was            rejected vide order dated 14 th
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September 2020. Two other accused who were also named in the
FIR were arrested. They were in custody and subsequently granted
bail by this Court vide order dated 14th September 2020.


4.    Submission of learned advocate for appellants is that the FIR
was lodged on the next day. The offence under the provisions of
Atrocities Act are not made out. The appellants are not attributed
role of having abused complainant on the basis of caste.                 The
offences under IPC are bailable in nature.


5.    Learned APP submitted that specific overt act has been
attributed to the appellants.     They were aware that complainant
belongs to Scheduled Caste. He was assaulted and dragged in to
village.   The manner in which offence was committed would not
entitle the appellants the relief u/s.438 of IPC. The statements of 3
witnesses were recorded which support the version of complainant.


6.    Learned advocate for respondent no.2 adopted submissions of
learned APP. He submitted that offences are made out under the
provisions of Atrocities Act. Specific overt act has been attributed to
the appellants. Evidence collected during investigation is sufficient to
reject the application.     The co-accused who were arrested and
granted bail never attended the Court. In the event relief is granted,
there is every likelihood that they may not be available for
investigation. Reliance is placed on the decision in the case of Vilas
Pandurang Pawar and another Vs. State of Maharashtra and others 1
and emphasised on paragraphs 9 and 10 of the said judgment, which
relate to bar u/s.18 of the Atrocities Act.


1 (2012)8-SCC-795
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7.      The complainant has named four persons in the FIR, two of
them are arrested and granted bail. On perusal of the FIR it can be
seen that there were no abuses on the basis of caste. The case of
prosecution is that the accused were aware that complainant belongs
to Scheduled Caste and threats issued to complainant and assault are
sufficient to invoke provisions of Atrocities Act. The FIR as well as
statements of witnesses do not refer to abuses on the basis of caste.
The offence under IPC are bailable in nature.            Bar u/s.18 of the
Atrocities Act would not be attracted. The appellants are entitled for
relief prayed in this application.


                                 ORDER

(i) Criminal Appeal No.230 of 2021 is allowed and disposed of;

(ii) Impugned order dated 14th September 2020 passed by Additional Sessions Judge, Thane in Anticipatory Bail Application No.1526 of 2020 below Exhibit-1, is quashed and set aside;

(iii) Interim order dated 12th October 2020 passed by this Court is confirmed;

(iv) In the event of arrest of appellants in connection with FIR No.227 of 2020 registered with Padgha Police Station, Thane, the appellants be released on bail on their executing PR bond in the sum of Rs.15,000/- each with one or more sureties in the like amount;

(v) The appellants shall appear before Investigating Officer as and when called for till filing of charge sheet.

(PRAKASH D. NAIK, J.) MST