NILAM GANESH SHIVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal challenging an order of rejection of prearrest bail of the appellants by the Additional Sessions Judge.

(2.) The appellant is being prosecuted by the Shikrapur Police Station in respect of Crime No. 544 of 2023 for the offences punishable under Ss. 324, 323, 504, 506 r/w 34 of the Indian Penal Code and under Ss. 3(1)(r), 3(1)(s) and 3(2) (va), of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "SC ST Act").

(3.) Briefly stated it is the case of the prosecution that the complainant and the accused are neighbours since last 25 years. The complainant stays with her 22 years old daughter Aparna, 18 years old daughter Nikita and son Bhavesh aged 16 years. It is alleged that on 10/6/2023 around 08.30 p.m. the sons of neighbour namely Ganesh Shivale were playing football on the road. Daughter of the complainant namely Suvarna, who was in the 9 month of her pregnancy was taking a walk in front of the house. The complainant had an apprehension that in case if the football hits her pregnant daughter, she might get injured. She, therefore, asked the wife of Ganesh Shivale namely Nilam Shivale to instruct her sons not to play the football as she has apprehension qua her pregnant daughter. It is alleged that Nilam Shivale thereupon abused and insulted the complainant on her caste by saying "[Vernacular Text Omiited] Thereafter, Nilam Shivale assaulted the complainant by means of a plastic pipe resulting into injuries on her back. Children of the complainant namely Aparna, Nikita and son Bhavesh came for rescue.