YOGITABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Warma, the learned counsel for the appellants, Mr. Chate, the learned APP for respondent Nos. 1 and 2 and Mr. Mahajan, the learned counsel for respondent No.3 / informant.

(2.) By the present appeal under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act read with Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the appellants/accused takes exception to the order dtd. 10/12/2025, passed by the learned Special Judge, Amalner. By the impugned order, the learned Special Judge, Amalner declined to enlarge the appellants/accused on anticipatory bail in connection with Crime No.494 of 2025, registered with Amalner Police Station, District Jalgaon, on 25/11/2025, for the offence punishable under Ss. 309(4), 115(2), 296, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita 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.

(3.) Having regard to submissions canvassed on behalf of the respective parties, I have gone through the record. It is a matter of record that, on 25/11/2025, respondent No.3 / informant lodged an oral report alleging that, she is residing with her husband and son. She is doing labour work. She belongs to Scheduled Caste. Accused No.1 Yogitabai w/o Vinod Patil, 2 Vinod Bhagwat Patil, 3 Bhushan Vinod Patil and Yogesh Vinod Patil, are residing in front of her house. The appellant No.1 / accused No.1 is the member of Grampanchayat. All the accused are well aware that she belongs to Scheduled Caste community. On 12/11/2025 at about 5.00 p.m., she was shouting her son Raj Bagul on account of leakage of water tap and she told her son as to why he did not notice leakage of water tap. At that time, the accused No.1 Yogita Patil, her husband accused No.2 Vinod Patil and both of their sons who were fetching water from said tap and accused No.1 doubted that, the informant taunting her, therefore, all the accused persons abused her in filthy language. Accused No.2 Vinod abused her on her caste by saying that, (XXX XXX). Thereafter, all the accused persons rushed to her person and assaulted her with fist and blows. When her husband and son rushed to save her, all the accused persons abused the informant, her husband and son.