Bombay High Court
Shivraj S/O Wamanrao Mohad vs The State Of Mah. Thr. Pso Ps Khadan Akola ... on 7 August, 2024
2024:BHC-NAG:8844
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO. 247 OF 2023
APPELLANT: Shivraj s/o Wamanrao Mohad,
Aged 38 years, Occu: Social Worker,
R/o Khaitan Nagar, near Ram Mandir,
Kaulkhed, Akola, Tah. Akola,
District Akola.
...V E R S U S...
RESPONDENTS 1] The State of Maharashtra,
Through Police Station Officer,
Police Station Khadan, Akola,
Tah. Akola and District Akola.
2] Meena Devidas Chavan,
Aged 35 years, Occu. Service,
R/o Santosh Nagar, Tukaram Chowk,
Khadan, Akola, Tah. & District Akola.
WITH
CRIMINAL APPEAL NO. 338 OF 2023
APPELLANTS: 1] Gajanan Onkarrao Chaudhari,
Aged about 54 years, Occu: Service,
(Principal of Secondary School)
R/o Shraddha Nagar-3, Near Regional
Workshop, Kaulkhed Akola,
Tq. & District Akola.
2] Sau. Vijaya Ganeshrao Awatade,
Aged about 52 years, Occu: Service,
(Principal of Primary School)
R/o Near Ram Mandir, Old Khaitan Nagar,
Kaulkhed, Akola, Tq. and District Akola
...V E R S U S...
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RESPONDENTS 1] State of Maharashtra,
through Police Station Officer,
Police Station Khadan, Akola. Tah. Akola
and District Akola.
2] Meena Devidas Chavan,
Aged 35 years, Occu. Service,
R/o Santosh Nagar, Tukaram Chowk,
Khadan, Akola, Tah. & District Akola.
WITH
CRIMINAL APPEAL NO. 362 OF 2023
APPELLANT: Mukund s/o Anantrao Deo,
Aged about 53 years,
Occupation- Assistant Teacher,
R/o Behind Prajakta Vidyalaya,
New Khetan Nagar, Kaulkhed,
Tah. and District Akola.
...V E R S U S...
RESPONDENTS 1] State of Maharashtra,
through its Police Station Officer,
Police Station Khadan,
Tah. Akola and District Akola.
2] Sau. Meena Devidas Chouhan,
Aged 36 years, Occu: Service,
R/o Santosh Nagar, Tukaram Chowk,
Akola, Tah. & District Akola.
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Mr. V.R.Deshpande, counsel for appellants in Appeal Nos. 247 and
338/2023.
Mr. N.R.Tekade, counsel for appellant. [Appeal No. 362/2023]
Mr. S.A. Ashirgade, APP for respondent/State.
Ms. Soniya A. Gajbhiye, counsel for respondent No.2.
--------------------------------------------------------------------------------------------
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CORAM : URMILA JOSHI-PHALKE, J.
DATE : 07/08/2024
ORAL JUDGMENT :
1. Heard.
2. Admit.
3. Heard finally with the consent of learned counsel
appearing for the parties.
4. The present appeals are preferred by the appellants
against the order passed by the Special Judge, Akola in Misc.
Criminal Application No. 182/2023 and Criminal Application No.
212/2023, by which the application of the present appellants for
grant of anticipatory bail was rejected, by order dated 01/04/2023
and 24/04/2023, in connection with Crime No. 113/2023
registered with police station, Khadan, Tahsil and District Akola for
the offences punishable under Sections 504, 506 read with Section
34 of the Indian Penal Code, 1860, and Sections 3(1) (r), 3(1) (u)
of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short 'the Atrocities Act').
5. The appellants are permanent residents of Akola. They are
apprehending the arrest at the hands of the police, as crime was
registered against them. On the basis of the report lodged by
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respondent No. 2, on an allegation that she is serving as a teacher
and whenever she was proceeding for his school, she was abused
by the present appellants by saying that nothing will happen even
if she lodges a complaint against them and police are along with
them and also abused her on her caste by saying "rq lkyh Vdkjhu
y; ektyh rq>k ekt dk<kok ykxrs". On the basis of said report, police
have registered the crime against the present appellants.
6. Heard learned counsel for appellants, Mr. V.R. Deshpande,
in Criminal Appeal No. 247/2023 and Criminal Appeal No.
338/2023, he submitted that the informant is in habit of lodging
the false report, as the action was taken against her by the
management of the school. He invited my attention to the previous
order passed by this court, wherein these facts were observed by
this court. He submitted that initially the complaint was filed by
the complainant on 08/10/2021, and the court has granted ad-
interim anticipatory bail to them, as no complaint about abuse on
caste was made out. A similar complaint is lodged by the
informant, and on the basis of the same, the crime is registered.
He submitted that appellants Gajanan Onkarrao Chaudhari is the
Principal of Secondary School, and Vijaya Ganeshrao Awatade,
who is appellant No. 2 in Criminal Appeal No. 338/2023, Shivraj
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Wamanrao Mohad, i.e., appellant in Criminal Appeal No.
247/2023, is the President of the institute, and Mukund Anantrao
Deo, in Criminal Appeal No. 362/2023, is the assistant teacher.
7. He submitted that the dispute has arisen out of employer
and employee relations. Even on the face of the contents of the
FIR, it can be seen that to maintain discipline in the school, some
notices were issued and disciplinary action was proposed against
the complainant, which resulted into the filing of the FIR in
question.
8. He further submitted that even accepting the version of
the complainant, no offence is made out, as the offence is not
within public view. He submitted that the contention of the
complainant itself is that the appellants have murmured about her
caste, so no offence is made out, as the alleged abuses are not
within the public view. He further submitted that even accepting
the allegation as it is, mere reference of the caste is not sufficient
to charge the present appellants under the provisions of the
Atrocities Act. He submitted that during the investigation, the
statements of the independent witness were recorded. From
which, it reveals that no such incident has taken place. Merely
because some action was taken by the institute, the frivolous
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allegations are made against the present appellants. As far as the
custodial interrogation is concerned, which is not required, he
further submitted that the bar under Section 18-A is also not
attracted, as no prima-facie case is made out against the present
appellants.
9. Learned counsel Mr. N.R.Tekade appearing for Appeal No.
362/2023, endorsed the same contention and submitted that, as
far as the appellant in Criminal Appeal No. 362/2023 is
concerned, vague allegations are made against him, as no prima
facie case is made out therefore, the bar under Section 18-A is not
attracted.
10. Per contra, learned APP strongly opposed the said
application on the ground that there is a bar under Section 18-A of
the Atrocities Act, and the statement of the informant as well as
the statement of the witnesses are sufficient to attract the
provisions of the Atrocities Act against the present appellants. In
view of the bar, the appeals deserve to be dismissed.
11. Learned counsel for the informant also endorsed the same
contention and submitted that the various statements of the
witnesses sufficiently show that the informant was abused,
insulated, and humiliated within the public view, and therefore,
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the appeal is devoid of merits and liable to be dismissed.
12. To consider the rival contentions of the parties, perused
the investigation papers and also the contents of the FIR. From the
FIR, it can be seen that, initially, the crime was registered against
the present appellants, and the appellants were protected by this
Court. It further appears that the appellant was asked by the
President of the Management to leave the meeting by giving the
reason that she was continuously absent from the School for one
year. Thereafter, again on the same grounds, the President of the
Management refused to meet the complainant and her father.
Thereafter, she was not allowed to attend the school work without
tendering apology letter. There is an allegation that she was
abused by the present appellants by saying "rq lkyh Vdkjhu y;
ektyh rq>k ekt dk<kok ykxrs".
13. On the basis of the above-referred incidents, the informed
alleged that she belongs to Scheduled Tribe, and she was insulted
and humiliated within the public view by the present appellants,
who are the President and Principals of Secondary as well as
Primary School Management.
14. The above-referred instances quoted in the FIR prima-facie
demonstrate that the action was taken by the management to
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maintain the discipline in the school, and the informant, who was
continuously absent, and therefore, some notices were issued to
her to proceed with the action by issuing charge-sheet. As
disciplinary action was taken against the present informant, it
appears that this report came to be filed. The statements are
recorded by the investigating agency, which shows that no such
incident has taken place. Thus, there is ground to observe that, as
the action was taken, this FIR came to be lodged against the
present appellants. Even accepting the allegations as it is, it
appears that there is a reference of the caste. Now it is well settled
that mere reference of the caste is not sufficient to attract the
provisions of the Atrocities Act. As far as the bar under Section 18-
A is concerned, now it is well settled that if the prima-facie case is
not made out, the anticipatory bail is maintainable.
15. In the above referred backdrop and considering the reason
behind the said report, is the disciplinary action. The said action is
to be taken to maintain the discipline by employees and in the
school. A prima-facie case is made out to release the present
appellants on anticipatory bail. In view of that, I proceed to pass
the following order;
a] The appeal is allowed.
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b] The order dated 01/04/2023 and 24/04/2023
passed by the learned Special Judge, Akola in Misc.
Criminal Application No. 182/2023 and Criminal
Application No. 212/2023 are hereby quashed and
set aside.
c] In the event of their arrest, the appellants in
Criminal Appeal No. 338/2023 namely (1) Gajanan
Onkarrao Chaudhari (2) Sau. Vijaya Ganeshrao
Awatade; in Criminal Appeal No. 362/2023 -
Mukund s/o Anantrao Deo and Criminal Appeal
No. 247/2023 - Shivraj s/o Wamanrao Mohad,
shall be released on bail, in connection with Crime
No.113/2023 registered with Police Station
Khadan, Tah. & District Akola for the offences
punishable under Sections 3(1)(r), 3(1)(u) of the
Scheduled Castes and Scheduled Tribe (Prevention
of Atrocities) Act, 1989 and Sections 504, 506 read
with Section 34 of the Indian Penal Code, 1860, on
executing P.R. Bond of Rs. 25,000/- each with one
solvent surety in the like amount.
d] The appellants shall attend the concerned Police
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Station as and when required for the investigation
purpose and shall cooperate with the investigating
agency.
e] The appellants shall not induce, threat or promise
any witnesses who are acquainted with the facts of
the present case.
The criminal appeals are disposed of
accordingly.
[URMILA JOSHI-PHALKE, J.]
Signed by: Mr. R.K. NANDURKAR
Designation: PA To Honourable Judge
Date: 12/08/2024 19:18:42
