PARMESHWAR SITARAM RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) These appeals are directed against impugned Order of rebuffing the relief of pre-arrest bail to the appellants in Crime No. 335 of 2019 registered with Tuljapur Police Station, Taluka Tuljapur, District Osmanabad, under Sections 354, 323, 447 and 504 read with Section 34 of the Indian Penal Code (IPC) and under Sections 3(1)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for the sake of brevity, hereinafter, referred to as "Act of 1989"). The appellants-accused preferred present appeals by invoking remedy under Section 14-A(2) of Act of 1989.

(3.) Genesis of appeals culled-out in brief are that on 26-09-2019, complainant - Vandana Devidas Maske, resident of Apsinga, Taluka Tuljapur, District Osmanabad, approached to the Police of Tuljapur Police Station, District Osmanabad, and filed report that she is having land Survey No. 101 in Kamtha vicinity and in respect of said land there was civil dispute pending between herself and appellants - Parmeshwar Rathod, Ranjit Todkari as well as one Bhaktwar Sayyad. According to complainant, on 13-09-2010, when she herself alongwith her father and sister were preparing field for plantation of onion crop, all the accused-appellants - Ranjeet Todakri, Aappa Bhaskar Joshi and Parmeshwar arrived in the land Survey No. 101 belonging to complainant. All the accusedappellants reprimanded her by saying that "Ye Mangtine Mazya Shetatun Baher Ja". They all started assaulting her. The appellantParmeshwar pressed her breast with ill-intention to outrage her modesty. The other appellants instigated him. When her father and sister came there, appellants-accused left the spot.