Madhya Pradesh High Court
Manohar Padiyar vs The State Of Madhya Pradesh on 31 January, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
NEUTRAL CITATION NO. 2025:MPHC-IND:2591
1 CRA-14176-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 31st OF JANUARY, 2025
CRIMINAL APPEAL No. 14176 of 2024
MANOHAR PADIYAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Vibhor Khandelwal - Advocate for the appellant.
Shri Apoorv Joshi - Govt. Advocate for the respondent/State.
ORDER
The appellant has filed this first criminal appeal under Section 14-A(2)
of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 being aggrieved by order dated 13.12.2024 passed by Special Judge (
under SC & ST Act), Dhar District Dhar(M.P.), whereby anticipatory bail
application u/S 482 of Bharatiya Nagarik Suraksha Sanhita 2023 of appellant
has been rejected.
Being aggrieved by the impugned order, the appellant has filed
present criminal appeal for grant of anticipatory bail to the appellant , who
is apprehending his arrest in connection with Crime No. 341/2024
registered by P.S. Amjhera District - Dhar (M.P.) for the offence
punishable under Sections 294, 323, 506, 308, 325 and 304 r/W Sec 34
of IPC and Section 3(1)(r), 3(1)(s) & 3(2)(va) of the SC & ST
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(Prevention of Atrocities) Act.
Learned counsel for the State submits that intimation u/S 15A of
SC/ST(Prevention of Atrocities) Act has been given to the complainant.
As per the case of prosecution, Dinesh Kharadi reported to SHO,
PS.Amjhera, District Dhar on 07.07.2024 that on 29.6.2024 around 7 in the
evening, he was returning to Amjhera on his motorcycle, his motorcycle
dashed Manohar Padiyar. He fell down from the motorcycle. Manohar and
two of his associates abused him in filthy language and assaulted him with
kick and fist. He sustained injuries. He was taken to Amjhera Hospital by the
assailants. He was threatened not to report the incident. Therefore, he had
informed that he himself has sustained injury. His family members took him
for treatment to Dhiraj Hospital Vadodara. He was admitted for 8 days at
Dhiraj Hospital, thereafter, came to report. On such allegations, P.S.
Amjhera registered FIR at Crime No. 341 of 2024 for offence punishable
under Sections 294, 323, 506 and 34 of IPC against Manohar and two of his
associates on 07.07.2024. Later, it was informed to P.S. Amjhera that Dinesh
was brought dead to CHC Amjhera in the night of 8.11.2024. Dead body of
Dinesh was forwarded for postmortem examination. Medical Officer opined
that Dinesh has died due to long term illness which led to severe weakness
and cardio vascular arrest. The treatment papers of Dinesh were seized from
Dhiraj Hospital, Vadodara. The video footage of CHC Amjhera was seized.
Sarpanch Kailash Aradi and witness Mukesh identified assailants as
Manohar, Arun and Manish, who had taken Dinesh for treatment to CHC
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3 CRA-14176-2024
Amjhera on 29.6.2024. The caste certificate of Dinesh was seized. The
prosecution for offence punishable under Sections 308, 325 and 304 of IPC
and section 3(i)(r), 3(i)(s) and 3(2)(va) of The Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act was added. Investigation is
underway. The appellant - Manohar is apprehending arrest in the matter.
Learned counsel for the appellant submits referring to Annexure P-
3 submits that Kamal s/o Jagdish had reported to PS Amjhera on
1.7.2024 that on 29.6.2024 around 8:00 in the night, Dinesh Kharadi had
rashly and negligently driven motorcycle and dashed him. He had
sustained injury. Accordingly, offence punishable under sections 279 and
337 of IPC was registered against Dinesh at crime No. 334 of 2024 of PS
Amjhera. Same incident was reported by Dinesh on 7.7.2024 on false
allegation of assault and threatening against Manohar and two of his
associates. No allegation with regard to assault or abuse with reference to
caste of the complainant is made in FIR. Therefore, no offence
punishable under The Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act is prima facie made out.The road side
accident is given colour of criminal prosecution and aggravated into
attempt to culpable homicide after death of Dinesh which occurred
almost after five months of the incident. The custodial interrogation of
applicant is not needed in the matter. Co-accused Arun has been
extended the benefit of anticipatory bail vide order dated 09.01.2025
passed in Cr.A. No. 14015/2024. He is ready to cooperate in the
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investigation. Jail incarceration on false allegation would cause serious
prejudice and hardship to the appellant.Therefore, the appellant may be
extended the benefit of anticipatory bail.
Per contra, learned counsel for the State opposes the bail
application on the ground of gravity of alleged offence and in view of the
interdict contained in Section 18A of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act. However, learned counsel
after going through the case diary fairly states that there is no allegation
in the FIR or the statement recorded under Section 180 of Bharatiya
Nagarik Suraksha Sanhita, 2023 of Dinesh or his wife Maya that alleged
offence was committed with reference to the caste of the complainant /
deceased Dinesh. Learned counsel cites criminal history of one case
against the appellant registered at Crime No. 365/2020 for offence
punishable u/S 302/34 IPC.
In reply, learned counsel for the appellant submits that appellant -
Manohar Padiyar had been acquitted for offence punishable u/S 302 r/W
34 of IPC vide judgment dated 06.08.2022 passed in S.T. No. 2041/2020
in relation to Crime No. 365/2020 registered at P.S. Amjhera Distt. Dhar.
No prosecution is pending against the appellant.
Heard the rival contentions of both the parties, perused the grounds for
grant of bail stated in the application and the case diary.
The case diary and the material on record reveal that there was an
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altercation between the parties over road side accident. Kamal lodged FIR
against the complainant/Dinesh and the complainant Dinesh lodged FIR
alleging assault against Manohar and his associates, but there was no
allegation with regard to assault or abuse with reference to the caste of the
complainant - Dinesh in the FIR. Further, Dinesh or his wife Maya in their
statements recorded u/S 180 of BNSS did not allege that the assault was
committed with reference to the caste of the complainant - Dinesh.
Therefore, this Court is of the considered opinion that the interdict contained
in Section 18A of the SC/ST (Prevention of Atrocities) Act is not applicable
to the case in hand. Dinesh had died almost after 05 months of the alleged
incident. The medical experts opinion does not prime facie connect cause of
death to the assault. The applicant is aged around 32 years. He is an
agriculturist by profession and is the sole bread earner of his family. In
absence of previous conviction for any major offence, considering the socio-
economic status of the applicant, there appears to be no likelihood of
tampering with evidence or influencing the witnesses by the appellant.
Considering the rival contentions and overall circumstances of the
case, in the light of aforestated facts, but without commenting on the merits,
while setting aside the order dated 13.12.2024 passed by the Trial Court,
this Court is inclined to release the appellant on anticipatory bail. Thus,
the appeal is allowed.
Accordingly, it is directed that in the event of his arrest, appellant -
Manohar Padiyar shall be released on bail in connection with Crime No.
341/2024 registered by P.S.Amjhera District Dhar (M.P.) for the offence
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punishable under Sections 294, 323, 506, 308, 325 and 304 r/W Sec 34
of IPC and Section 3(1)(r), 3(1)(s) & 3(2)(va) of the SC & ST
(Prevention of Atrocities) Act & upon furnishing a personal bond in the
sum of Rs.1,00,000/-(Rupees one lac Only) with one solvent surety to the
satisfaction of the officer making arrest/Trial Court, for compliance with
the following conditions:(For the convenience of understanding by accused
and surety, the conditions of bail are also reproduced in Hindi as under):-
(1) Appellant shall make himself available for investigation as may be
directed by Investigation Officer.
(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k jgsxkA
(2) Appellant shall not commit or get involved in any offence of
similar nature;
(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha
gksxkA
(3) Appellant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the
case so as to dissuade them/him/her from disclosing such facts to
the Court or to the police officer;
(3) vkosnd izdj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls
izyksHku] /kedh ;k opu ugha nsxk] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k
iqfyl vf/kdkjh dks izdV djus ls fuokfjr gksA
(4) Appellant shall not directly or indirectly attempt to tamper with
the evidence or allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh
;k lkf{k;ksa dks cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxkA
(5) During trial, the applicant shall ensure due compliance of
provisions of Section 309 of Cr.P.C/346 of the BNSS. regarding
examination of witnesses in attendance;
(5) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-
iz-la-@ 346 Hkkjrh; ukxfjd lqj{kk lafgrk ds izko/kkuksa dk mfpr vuqikyu
NEUTRAL CITATION NO. 2025:MPHC-IND:2591
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lqfuf'pr djsxkA
This order shall be effective till the end of trial. However, in case of breach
of any of the preconditions of bail, the Trial Court may consider on merit
cancellation of bail without any impediment of this order.
The Investigation Officer /trial Court shall get these conditions
reproduced on the personal bond by the accused and on surety bond by the
surety concerned. If any of them is unable to write, the scribe shall certify
that he had explained the conditions to the concerned accused or the surety.
C.C. as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
