NILESH POPATRAO RANAWARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel for the applicant and learned APP for the State.

(2.) THIS is an application for anticipatory bail. The applicant has an apprehension that he is likely to be arrested for an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Sections 323, 504, 506 of the IPC.

(3.) THIS Court in a case of Ramchandra Govindrao Watkar and Anr. Vs. State of Maharashtra, reported in 1995 (2) Mh.L.J. Page 669, has held that merely because an offence is registered under the Atrocities Act, that would not prevent the accused from making an application under Section 438 if he establishes prima facie that the offence does not disclose commission of the offence under the Atrocities Act. I have read the complaint and the supplementary statement of the complainant. In my view, prima facie case is made out. There was obviously political rivalry between the two groups and in the supplementary statement which is recorded after 12 days, for the first time, it is mentioned that the complainant was abused on the basis of his caste.