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2018 DIGILAW 3008 (BOM)

Kishor v. State of Maharashtra

2018-12-19

K.L.WADANE

body2018
JUDGMENT : K.L. Wadane, J. 1. Heard learned counsel for the appellants as well as the learned APP for the respondent/State. 2. Mr. Salunke, learned counsel for the appellants submits that appellant No. 1 is serving as police patil, appellant No. 3 is serving as assistant teacher in Zilla Parishad school and appellant No. 4 is serving as clerk-cum steno in S.T. Department. 3. On the basis of the first information report given by respondent No. 2, the offence came to be registered against the appellants for the offences punishable under Sections 324, 323, 504, 506 read with 34 of the Indian Penal Code and under Section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After registration of the crime, the appellants have filed bail application for pre-arrest bail under the provisions of Section 438 of Code of Criminal Procedure before the learned Sessions Judge, Aurangabad and same is rejected. Hence, the present appeal. 4. Mr. Salunke, learned counsel for the appellants submits that the alleged incident took place on 11.10.2018 at about 01.00 p.m. and immediately, respondent No. 2/original complainant lodged the complaint to the concerned police station. On the basis of the information given by respondent No. 2 and considering the allegations made in the complaint, the concerned police registered N.C. against the appellants and directed respondent No. 2 to approach the court for grievance. 5. Mr. Salunke, further submits that on the basis of the first information report, offence is lodged after about six (06) days from the date of the alleged incident, wherein, respondent No. 2 gave a different story and improved the allegations/versions than the earlier versions. 6. The learned APP opposes the appeal on the ground that appellant No. 1 is serving as Police Patil. It was not expected from him to beat a person belonging to scheduled caste or scheduled tribes. 7. Considering the rival submissions of both the sides and after scrutiny of the earlier complaint on which the N.C. was recorded and the complaint for which the offence is registered, it clearly seen that when respondent No. 2 reported the matter to the concerned Police Station on 11.10.2018, it was alleged that on 11.10.2018 at 01.00 p.m., appellant Nos. 7. Considering the rival submissions of both the sides and after scrutiny of the earlier complaint on which the N.C. was recorded and the complaint for which the offence is registered, it clearly seen that when respondent No. 2 reported the matter to the concerned Police Station on 11.10.2018, it was alleged that on 11.10.2018 at 01.00 p.m., appellant Nos. 1 and 2 assaulted her, therefore, she was referred for the medical examination and after taking medical treatment, when she returned back to her house at about 08.30 p.m., appellant Nos. 3 and 4 threatened to kill and also abused her. These are the allegations in the earlier complaint and in the second complaint there are different allegations regarding the same incident. Respondent No. 2 improved her version and alleged that appellant Nos. 1 and 2 abused her on her caste, so also it is further alleged that at about 08.30 p.m., appellant Nos. 3 and 4 came to the house of respondent No. 2 and abused her on her caste as well as abused her in filthy language. This improvement must be with intend to attract the provisions of S.C. & S.T. Act. 8. So looking to the earlier complaint regarding the same incident, prima facie it appears that the second complaint was given after thought and incident is coloured. In the earlier complaint dated 11.10.2018, there is no reference as to any of the accused abused to respondent No. 2, on her caste. Therefore, prima facie it appears that the provisions of S.C. & S.T. Act are not attracted in the present matter. Hence, there is no bar created under Section 18 of the S.C. & S.T. Act. and therefore, the appellants can be protected from their arrest, by imposing certain condition. 9. Hence, the Appeal is allowed. 10. In the event of arrest of the appellants, they shall be released on bail on furnishing their P.R. Bond and S.B. of Rs. 25,000/- (Rupees twenty-five thousand), each. 11. The appellants shall attend the concerned Police Station on every Sunday between 10.00 to 12.00 noon, till filing of the charge-sheet. 12. The appellants shall not tamper the prosecution evidence in any manner. 13. The Appeal is accordingly allowed in above terms and disposed of.