SHIVDAS MARUTI PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appellant has challenged the order dtd. 10/05/2021 passed in Criminal Bail Application No.1401 of 2021, by the Additional Sessions Judge, Thane. The Appellant No.1 is the father of the Appellant No.2. In effect they are seeking anticipatory bail in connection with C.R. No.40/2021 dtd. 14/02/2021 registered with Mumbra Police Station, u/s 323, 504, 506 r/w 34 of the Indian Penal Code. The offence u/s 3(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Atrocities Act'), was applied. Subsequently it was corrected to sec. 3(1)(r), 3(1)(s), 3(2)(v-a) of the Atrocities Act.

(2.) Heard Mr. Viresh V. Purwant, learned counsel for the Appellants, Mr. S. R. Agarkar, learned counsel for the Respondent No.2 and Mr. S. R. Agarkar, learned APP for the State.

(3.) The FIR is lodged by the Respondent No.2. She has stated that on 08/01/2021 at about 08.30 p.m. her younger son Nilesh informed her that a quarrel was going on between the Respondent No.2's elder son Nitesh and the Appellant No.1. The Respondent No.2 went there to intervene. It is alleged that the Appellants abused her with reference to the caste. The Appellants started assaulting Nitesh. The Respondent No.2 tried to hold the Appellant No.1's hand. At that time he kicked her in her stomach and assaulted her with kicks and fist blows. The Appellant No.2 assaulted Nitesh and Nilesh with kicks and fist blows. The Appellants then took Nilesh to police chowky. The Respondent No.2 has alleged that she became unconscious and when she regained her consciousness at that time she found herself in a hospital. Nitesh was with her. On this basis, the FIR is lodged.