BHAKTARAJ PARASRAM ANGULWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. The matter is taken up for its finality on merit with the consent of both sides.

(2.) The present appeal is filed by the appellant-original accused against the impugned Order of rebuffing the relief of pre-arrest bail to him in Crime No. 126 of 2019 registered with Himayatnagar Police Station, District Nanded, under Sections 324 and 323 read with Section 34 of the Indian Penal Code (IPC) and under Section 3 (1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("Act of 1989"). The appellant- accused preferred the present appeal by invoking remedy under Section 14-A(2) of Act of 1989.

(3.) The prosecution case in brief is that on 04-08-2019, complainant- Dhondiba Kishan Raut, resident of Sawna (J), Taluka Himayatnagar, District Nanded rushed to the Police of Himayatnagar Police Station, District Nanded and ventilated the grievance that on 03-08-2019 at about 7. 00 p. m. , when he accompanied with his friend Maruti Ratan Wankhede were proceeding towards D. P. to insert the fuse for flow of electric energy. The complainant asked the Sunil and Vishal Angulwar not to put the hooks on electric line. Thereafter, the complainant went forward towards DP to continue electric supply. According to complainant, after inserting fuse in D. P. , when he was returning to house in the village in Ped Chowk, the present applicant and another two accused caught hold the complainant and abused him on his caste saying that "Maharya Dhedya tula kay lightchi garaj ahe". They hurled casteist abuses with intention to insult and humiliate on his caste within a public view. According to the complainant, accused Vishal Angulwar inflicted blow of iron rod on his head and forearm and thereby caused injury. Eventually, the first informant filed the report with Police Station for penal action against the appellant and others.