REKHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending the arrest at the hands of police in connection with Crime No.94/2024 registered under Ss. 323, 506 of the Indian Penal Code, Ss. 8 and 10 of the Protection of Children from Sexual offences Act, 2012 and Sections 3(1)(r), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (For short, "Atrocities Act"), the appellant approached to this Court for grant of anticipatory bail.

(2.) As per the contention of the appellant, he is prosecuted on the basis of report lodged by one Mahendra Baburao Saundekar, who alleged that he is residing along with his wife and children and doing the agricultural work. His son and daughter both are studying in Zilla Parishad Primary School at Jawala Budruk. His son is studying in 2nd Standard whereas his daughter is studying in 1st Standard. The present appellant is the Headmistress of the said school. On 15/03/2024, he approached to the school for obtaining bonafide certificate. From his son, he received the information that in the school, the appellant always distributing the sub-standard foods to the students. It is further revealed to him that the children are harassed by the present appellant at the school. On 21/03/2024, his son came home and disclosed that present appellant has assaulted him as the informant has made complaint about the sub-standard food distributed in the school. It is alleged that the present appellant has pulled the pant of the child and pulled the private part of the child. On the basis of said report, police have registered the crime against the present appellant. After registration of the crime, the appellant approached to the Special Court for grant of pre-arrest bail. The Special Court by considering the bar under Section 18 of the Atrocities Act, rejected the application. Being aggrieved and dissatisfied with the order passed by the Special Court, present appeal is preferred by the appellant.

(3.) Shri Jaltare, learned counsel for the appellant submitted that there is rift between the management and the present appellant and therefore, she is being harassed by the management with the help of the parents of the students as well as by taking help of the students. He submitted that she was transferred from one school to another on that ground and now, only to remove her from service, the false report is filed against the present appellant. He further submitted that as far as allegations are concerned, it is completely baseless and false one. Her custodial interrogation is not required. He further submitted that as far as the allegations are concerned for which the punishment up to 5 years is provided. In view of that, custodial interrogation of the present appellant is not required and prays for releasing her on anticipatory bail.