[Cites 3, Cited by 0]
Bombay High Court
Rushikesh Motiram Maske vs The State Of Maharashtra Through Police ... on 2 December, 2025
2025:BHC-NAG:13378
1/5 36-appeal 452-25
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPEAL NO. 452 OF 2025
Rushikesh Motiram Maske Vs. State of Maharashtra
----------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
----------------------------------------------------------------------------------------------
Mr. N.B.Kalwaghe, counsel for the appeallant.
Ms.Mrunal Barabde, APP for the State.
CORAM : MRS. VRUSHALI V. JOSHI, J.
DATE : 02/12/2025
1. The appellant is arrested in Crime No.19/2025
registered with Police Station Ansing, Dist. Washim for the
offences punishable u/s 115(2) and 118(1) of the Bhartiya
Nyaya Sanhita, 2023, and u/s 3(1)(r) and 3(1)(s) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
2. The prosecution story in short is that, on
26.01.2025 at about 5:30 p.m. the wife of the complainant
went to bring grocery, at that time appellant was sitting on
the way of grocery shop near bus stand. The appellant
abused her in filthy language and abused her upon caste and
assaulted her by fist blows and also pelted stone on her left
Kavita
2/5 36-appeal 452-25
hand. The wife of the complainant went to the house and
narrated it to her husband. Thereafter, his son asked the
appellant as to why he has abused his mother upon caste
and why he has beaten her. The appellant without listening
to them abused informant and his son on their caste. The
appellant beaten him by means of iron rod on his head and
by means of iron fighter on his face, which resulted in
bleeding injury. The appellant also assaulted on the neck of
his son and also took bite on left cheek of his son and was
trying to strangulate his neck and abused him upon the
caste.
3. The learned counsel appearing for the appellant
has stated that though the alleged incident took place in
public, it is not in purview of public view. None of the
witnesses have stated that the appellant abused the injured
insulting their caste. Abusive language is not mentioned,
therefore, it is not in public view and therefore the sections
under the Atrocities Act will not attract. The appellant is in
jail since eight months. He has not committed any offence.
He is falsely implicated in this case. The injury certificate
shows that all the injuries are simple in nature. The injured
are discharged from hospital.
Kavita
3/5 36-appeal 452-25
4. Learned APP has opposed the application and
stated that there are antecedents against this appellant of
similar nature. The appellant has relied on the judgment of
the Hon'ble Apex Court in the case of Abhimanue Etc. Etc
Vs. State of Kerala with another connected matter, reported
in 2025 SCC OnLine SC 2037 , wherein it is observed that the
presence of the antecedents of the accused cannot be the
ground to reject the bail application. Hence, prayed to
release the appellant on bail.
5. The learned APP opposed the appeal stating that
the appellant is in habit of committing similar kind of
offences. There are similar kind of offences registered
against him. He has again committed the similar offence
during the period of bail. The statement of the brother of the
victim shows that the abuses were insulting the caste of the
victim. It is in public place. The offence under the Atrocities
Act will attract. Considering the nature of the offence,
prayed to reject the appeal.
6. Heard both the sides and perused the record.
7. From the FIR, it appears that the reason for assault
and abuse is not mentioned. None of the witnesses have
stated the abusive language used by the appellant, though it
is in public place, whether he has abused the victims in the
Kavita
4/5 36-appeal 452-25
name of caste is not stated by any of the witness. It will be
considered at the time of trial. At this stage, from the
statement, it appears that the abusive language about
insulting the caste is not mentioned and it is not under
public view. On perusal of the medical reports, it appears
that the simple injuries are mentioned in medical report.
Considering the incarceration of this appellant since last nine
months and the nature of the offence, the case is made out
to release the appellant on bail. Hence, the appeal is
allowed. Accordingly, I pass the following order:
i) Appellant- Rushikesh Motiram Maske be
released on bail in Crime No.19/2025 registered
with Police Station Ansing, Dist. Washim for the
offences punishable u/s 115(2) and 118(1) of the
Bhartiya Nyaya Sanhita, 2023, and u/s 3(1)(r)
and 3(1)(s) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act,
1989, on his furnishing P.R. Bond in the sum of
Rs. 25,000/- (Rupees Twenty Five Thousand only)
with one surety in the like amount.
ii] The appellant shall not in any way tamper with
the prosecution evidence.
iii] The appellant shall not pressurize or threaten the
prosecution witnesses.
iv] The appellant shall co-operate the investigation
officer.
Kavita
5/5 36-appeal 452-25
v] The appellant shall not enter into the village
Warala, during the pendency of the trial.
8. The Criminal Appeal stands disposed of
accordingly.
9. Criminal application/s if any, is/are stand/s
disposed of.
JUDGE
Signed by: Kavita P Kavita
Tayade
Designation: PS To Honourable Judge
Date: 02/12/2025 19:14:43
