KRISHNA PARMESHWAR GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. These three appeals are taken up for final hearing on merit with the consent of both sides.

(2.) These appeals are directed against the impugned common order passed by the Ad-hoc Additional Sessions Judge, Parbhani in Misc. Criminal Application No. 671, 674 and 677 of 2018 filed by the appellants for the relief of their pre-arrest bail under section 438 of the Code of Criminal Procedure (for short "Cr.P.C.") in crime No. 130 of 2018 registered at New Mondha Police Station, Parbhani under sections 324, 504 and 506 read with section 34 of the Indian Penal Code (for short "IPC") and under section 3(1) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "Act of 1989" for the sake or brevity). The appellants invoking remedy under section 14-A(2) of the Act of 1989 preferred these appeals to redress their grievances.

(3.) The factual aspects which led to the prosecution of appellants / applicants in brief are that, the fist informant Shri Kamlesh Sukhdeo Sable, aged 18 years old resident of Parbhani filed the report on 20-05-2018 to the Police of New Mondha Police Station, Parbhani and ventilated the grievances that on 19-05-2018 at about 7.45 p.m. he had left his friend Prajawal Rathod at room and while returning to his room, the appellants trio accosted him in the open space nearby the shop by name Vishnavi Xerox. The appellant Aniket started reprimanding him for not attending the College and examination. The first informant replied him in somewhat arrogant manner. The appellant- Aniket taking umbrage of the same, caught hold the collar of his shirt and hurled abuses filthily by uttering the word "Adhiwasi" at his caste. He started giving slaps and fist blows. The other accomplices i.e. appellant Krishna Mutkule removed the belt from waist and started assaulting the complainant with belt on his chest, back etc. Meanwhile, the on-lookers Harshawardhan Jadhav, Ajay Sakhakarkar intervene in the fight and extricated the complainant from the clutches of appellants. There was threats of life given to the complainant by the accused. Thereafter, the injured complainant was escorted to the Hospital for medical treatment.