VASANTRAO 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.) This appeal takes exception to the impugned Order of rebuffing the relief of pre-arrest bail to the appellants in Crime No. 222 of 2019 registered with Kurunda Police Station, Taluka Basmathnagar, District Hingoli, under Sections 143, 147, 323 and 506 of the Indian Penal Code (IPC) and under Sections 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("Act of 1989"). The appellants-accused preferred the present appeal by invoking remedy under Section 14-A(2) of Act of 1989.

(3.) The prosecution case in nutshell is that on 18-09-2019, complainant - Kausabai W/o Pandurang Kirwale, resident of Khambala, rushed to the Police of Kurunda Police Station, Taluka Basmathnagar, District Hingoli and filed the report that on 17-09-2019 at about 9.30 a.m. there was meeting of Gram Sabha in the village. The first informant and her husband as well as other 30 to 35 members from the vicinity attended the meeting. There were near-about 70 to 80 male and female members, President of Dispute Resolution Committee (Tanta Mukti) Sarpanch, Gramsevak of village Khamabala all were present in the meeting. According to first informant, when discussion was going on in respect of construction of public well for drinking water in the vicinity that time the first informant as well as other members of Boudha and Adiwasi Community insisted to have public well nearer to their residence. However, the appellant -Champatrao asked to construct the well in his land. There was hot exchange of words between appellants and first informant and others. The appellants - Vasantrao Khanderao and Champatrao assaulted the first informant and others by fist blows etc. and hurled casteist abuses to them. In the fight the first informant sprawled on the ground. When one Drupadabai came forward to pick up her, the appellant Deelip and Santsoh attempted to jostle her and abused by saying "Maharache Ho, Andhache Ho, Tumhi Majalet ka". According to first informant, when the persons from her locality asked the reasons for beating to them that time the appellants reprimanded them and hurled casteist abuses with intention to insult and humiliate them on their caste within a public view. They have also given threats of life to the complainant. There are allegations about assault causing hurt and intimidation to the complainant and others. Eventually, the first informant filed the report with Police Station for penal action against the appellants.