Bombay High Court
Atul Mohan Babar vs State Of Maharashtra And Anr on 6 February, 2024
Author: M. S. Karnik
Bench: M. S. Karnik
2024:BHC-AS:5769
Diksha Rane 4. APEAL 88723.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.887/2023
ATUL MOHAN BABAR ..APPELLANT
VS.
THE STATE OF MAHARASHTRA & ANR. ..RESPONDENTS
------------
Adv. Sanjeev B. Deore a/w. Adv. Sameer Parkar for the
appellant.
Smt. S. D. Shinde, APP for the State.
Adv. Veerdhaval Kakade for the respondent no.2.
------------
CORAM : M. S. KARNIK, J.
DATE : FEBRUARY 6, 2024.
ORAL JUDGMENT :
1. The respondent no.2 has engaged an advocate.
Therefore, the appearance of Advocate Ms. Trupti Khamkar
who was appointed for the respondent no.2 through the
High Court Legal Services Committee is discharged. I
express my gratitude for the able assistance rendered by
the advocate Ms. Trupti Khamkar for representing the
respondent no.2 till now.
2. Heard learned counsel for the appellant. Learned APP
for the State as well as learned counsel for the respondent
no.2 opposed the appeal.
Diksha Rane 4. APEAL 88723.doc
3. This appeal is filed challenginge the order dated
3/8/2023 passed by the Special Judge, Satara, rejecting the
pre-arrest bail application made by the appellant.
4. The First Information Report (FIR) No.273/2023 is
registered against the appellant for the offence punishable
under Sections 376, 376(2)(n), 506 of the Indian Penal Code
(hereafter 'IPC' for short) read with Sections 3(1)(w)(i) & (ii),
3(1)(s), 3(2)(va) and 6 of the of the Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereafter 'the Atrocities Act' for short) dated 20/7/2023
with Bhuinj Police Station, Satara.
5. The statement of the prosecutrix was recorded on
20/7/2023. It is alleged by the prosecutrix that there is a
cattle shed which belongs to the appellant which is adjacent
to her house. The appellant, sometime in the month of
February 2023, on the pretext of making friends with her,
asked her out of her house at night. The prosecutrix refused.
The prosecutrix is married, staying with her family in her
matrimonial home. Thereafter, sometime in the month of
March 2023, at night, the appellant asked the prosecutrix to
come out of the house after her family members were fast
Diksha Rane 4. APEAL 88723.doc
asleep and forcibly took her to the cattle shed where she
alleged that he committed the act which is an offence under
the aforesaid sections. On 15/7/2023, the appellant indulged
in the similar act against the prosecutrix. The prosecutrix
then informed her husband.
6. Prima facie, there is a delay in registering the FIR. It is
the contention of learned counsel for the appellant that
there are some disputes between the appellant and the
complainant over the cattle shed. Prima facie, on a reading
of the FIR, the possibility of consensual relationship cannot
be ruled out. It is nowhere alleged that the appellant was
aware of the caste to which the prosecutrix belongs.
7. Though the appeal is vehemently opposed by the
respondent no.2, I am inclined to allow the appeal as the
bar under Section 18 of the Atrocities Act may not apply. An
apprehension is expressed by the respondent no.2 that as
the cattle shed is adjacent to the house of the prosecutrix,
there is every possibility that the appellant will threaten the
prosecutrix.
8. Learned counsel for the appellant submitted that the
appellant is residing at a distance of 5 to 6 kms. from the
Diksha Rane 4. APEAL 88723.doc
place of residence of the prosecutrix. A statement is made
on instructions that the appellant shall not enter the vicinity
of the area where the prosecutrix is residing. Statement is
accepted. Hence, the following order :-
ORDER
(a) The appeal is allowed.
(b) The order dated 3/8/2023 passed by the Special
Judge, Satara, is quashed and set aside.
(c) Interim order dated 17/8/2023 is confirmed.
(d) In the event of the arrest, the appellant be enlarged on
bail on furnishing P.R. bond in the sum of Rs.20,000/-,
with one or two sureties in the like amount.
(e) The appellant shall co-operate with the investigation
and shall report to the investigating officer as and
when called.
(f) The statements made hereinbefore in the order on
behalf of the appellant to be abided by.
(g) The appeal is disposed of.
(M. S. KARNIK, J.)
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 06/02/2024 17:52:03
