BALESH Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 438 of the Cr.P.C. for grant of anticipatory bail in case FIR No. 385/2013 u/s 452/354/323/506/382/34 IPC and 3(I) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as SC/ST Act), registered with PS Badarpur.

(2.) THE case of the prosecution as revealed from the FIR is that Mithilesh lodged a complaint with police alleging, inter alia, that she is residing at house No. 2936, Gali No. 70, Block E -2, Molarband Extn. Badarpur, New Delhi along with her husband and three children. Balesh is residing in her neighbourhood with his family and belongs to Gujar caste. The complainant belongs to scheduled caste. Balesh, his wife and daughter since long time used to abuse in filthy language to the complainant and her husband regarding their caste by saying "Chamar" and "Chamariya". He insulted them by using abusive language and also gave beatings. However, the matter was compromised in the police station. On 15th November, 2011 at about 8:00 a.m., she was taking bath in the bathroom in front of her house. Balesh came nearby the bathroom, which was opposed by her, then he left the place by saying that "Chamariya, your mind will be teached/cured". At about 11:00 a.m., his wife Suman and her daughter Rashmi forcibly entered her house and started saying that "Chamariya, you tried to stop our way", from behind Balesh asked his wife and daughter to beat her, then Suman caught hold of her hair and pushed her on the floor. Her daughter gave beatings to her by fist and leg blows. Suman attacked on her right hand by danda, due to which she sustained injuries. Balesh started pulling her clothes and pulled her gold ear rings and also snatched her purse containing Rs.500/ -. He gave a leg blow on her stomach and also snatched her mobile. They threatened to kill whole family. Due to injury on her head, she became unconscious. Thinking her to be dead, they left the place. When she regained consciousness, then after borrowing phone from some neighbour, she made a call to the police who took her to the police station instead of hospital. After half an hour, her husband came and then took her to Trauma Centre where also the doctors did not initially treat her by saying that she should have come with the police officials. Subsequently, she was medically examined and then this complaint was lodged which resulted in registration of FIR u/s 452/354/323/506/382/34 IPC and 3(I) SC/ST Act.

(3.) RELIANCE was placed on Vilas Pandurang Pawar and Anr. vs. State of Maharashtra & Ors., (2012) 8 SCC 795; Mukesh Kumar Saini & Ors. vs. State (Delhi Administration),2001 Cr.LJ 4587 and Manjeet Singh & Ors. Vs. State of Delhi, 2013 Cri.LJ 3070.