NIKHIL DNYANOBA TAMBALGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under section 14 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("Atrocities Act") challenging the order dated 28.08.2020 passed by the Court of Special Judge, Pune, whereby application for bail fled on behalf of the appellant was rejected.

(2.) The appellant is one of the accused in FIR dated 17.08.2019 registered at Police Station Chakan, Pune for offences under sections 302, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code as also under section 3(2)(Va) of the Atrocities Act.

(3.) As per the FIR registered against the appellant and other accused persons, the respondent No.2 (original complainant) approached the police on 17.08.2019 stating that the accused, including the appellant herein had assaulted his son Akash (deceased) with wooden logs, due to which he sufered multiple injuries. According to respondent No.2, the incident had occurred on 04.08.2019. The accused persons had brought the said deceased to his residence at about 8:00 p.m. where respondent No.2 was present. They claimed that since the deceased was allegedly harassing certain girls of Swami Samarth School, Amrutnagar, they had beaten him. They threatened respondent No.2 to send the deceased to his village immediately.