ASHPAK BABASAHEB MULANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal under Sec. 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989. The appellant is challenging the order dated 16 th March 2023 passed by learned Additional Sessions Judge, Barshi rejecting the application for anticipatory bail preferred by the appellant. Offences were registered vide C.R. No.264 of 2022 with Karmala Police Station under Ss. 323 , 324 , 504 , 506 of Indian Penal Code and Ss. 3(1)(r) , 3(1)(s) , 3(2)(va) and 6 of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989. FIR was registered on 31/3/2022.

(2.) Case of the prosecution is that, on 30/3/2022, the Appellant had abused the complainant by referring to his caste and asked him to accompany him. The complainant set on his bike and proceeded to spot. They consumed liquor. The complainant was again insulted on his caste. On 31/3/2022, the Appellant and the other accused came to the spot and assaulted the complainant's sister and abused her on caste. When the mother of the complainant intervened, she was assaulted by wooden log.

(3.) Vide order dtd. 18/4/2023, interim protection was granted to the Appellant. This Court had passed detailed order and it was observed that, the alleged incident of abuses on caste had not occurred within public view.