ANAND TELTUMBDE Vs. STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) This is an application for anticipatory bail under Section 438 of Code of Criminal Procedure, 1983 (' Cr.P.C '). The applicant is apprehending arrest in connection with CR No.4 of 2018 registered with Vishrambagh Police Station, Pune. The first information report ('FIR') was lodged on 8th January 2018. The offences were registered under Sections 153-A , 505(1)(b) , 117 , 34 of Indian Penal Code.

(2.) The FIR was lodged by one Tushar Ramesh Damugade. It was alleged that there was a programme at Shaniwar Wada, at Pune on 31st December 2017 organized by Elgar Parishad. The first informant attended the programme at about 2 pm on 31 st December 2017. There were few speakers, comperes, singers and other performers present on the stage. The informant was knowing Kabir Kala Manch and its members. He had read about them on social media and in the newspapers. Some of the performers enacted short plays, performed dances and sang songs. According to the first informant, the performances were provocative in nature and had effect of creating communal disharmony. Provocative speeches were delivered. Few objectionable and provocative books were kept for sale at the venue. The banned organization Communist Party of India (Maoist) (for short 'CPI (M)') was insighting violence by creating communal disharmony. The members of Kabir Kala Mahch spread hatred through their songs, plays and speeches causing enmity between different communities. As a result, there were instances of violence, arson and stone pelting near Bhima-Koregaon.

(3.) The FIR was registered against Sudhir Dhavale, Sagar Gorkhe, Harshali Potdar, Dipak Dhengale, Jyoti Jagtap, Ramesh Gaychor and others. The investigation proceeded. Section 120-B of IPC was added on 6th March 2018. The investigation was transferred to Crime Branch, Pune.