SHANKAR BABAN KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) By this appeal preferred under Sec. 14A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act ('SCST Act'), the appellant seeks pre-arrest bail in connection with C.R. No. 300/2022 registered with the Baramati Police Station, Pune, for the alleged offences punishable under Ss. 376(d), 354(c), 328, 323, 504, 506 r/w 34 of the Indian Penal Code ('IPC') r/w Ss. 3(2), 3(2)(va), 3(1)(w)(i), 3(1)(w)(ii), 3(1)(r), 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and under Sec. 7(1)(d) of the Protection of Civil Rights Act.

(3.) Learned counsel for the appellant submits that the role of the appellant is similar to that of his wife Suvarna Kale and Mahesh Shinde, who have been granted pre-arrest bail by this Court vide order dtd. 17/11/2022 and 25/4/2023. She submits that the allegations as against the appellant only pertain to allegedly abusing the respondent No. 2 i.e. the castiest abuses. She submits that although it is alleged that the said abuses were hurled in a public place, the same were not in a public view, so as to warrant application of the provisions of the SCST Act. She submits that there are no independent witnesses who were present at the spot to corroborate the said allegations made by the respondent No. 2.