SHAM BHAGWANRAO INGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard, the appeal is admitted. Notice after admission is made returnable forthwith. Appeal is taken up for final hearing with the consent of both sides.

(2.) By this appeal the appellants/accused Nos.1 and 2 have assailed order dated 30/11/2018 in Misc. Criminal Application No.894 of 2018 passed by the Additional Sessions Judge-4, Nanded, thereby rejecting said application of the appellants for anticipatory bail. By order dated 15/01/2019 interim protection that, "no coercive action be taken against the appellants till the next date", was granted and it was continued from time to time.

(3.) Facts relevant to decide this appeal, in short, are that respondent No.2-Vanita Dhanaji Marakwad has filed the complaint with Vazirabad Police Station against the appellants and on the basis of the said complaint Crime No.333/2018 came to be registered against the appellants on 04/11/2018 for the offences punishable under Sections 3(1)(r) (s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Atrocities Act") and under Sections 504 and 506 read with Section 34 of the Indian Penal Code (for short "IPC"). It was alleged that on 30/10/2018 in the office of Collector at Nanded the appellants purposely picked up the quarrel with the husband of respondent No.2 and appellant No.2/accused No.2 abused husband of respondent No.2 on his caste. So also while going out of the office of Collector at Nanded near the gate they had threatened to kill respondent No.2 and her husband.