MADHUKAR 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 is directed against the impugned Order of rebuffing the relief of pre-arrest bail to the appellant in Crime No. 87 of 2019 registered with Dindrud Police Station, Dindrud District Beed, under Sections 143 , 147 , 324 , 504 and 506 read with Section 149 of the Indian Penal Code (IPC) and under Sections 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter, referred to as "Act of 1989", for the sake of brevity). The appellants-accused preferred the present appeal by invoking remedy under Section 14-A(2) of the Act of 1989.

(3.) The prosecution case in short compass is that on 08-05- 2019, complainant - Adikabai Angad Ughade, resident of Kasari, Taluka Dharur, District Beed approached to the Police of Dindrud Police Station, District Beed, and ventilated the grievance that she is residing along with sons, daughter-in-law and eking livelihood by doing labour work. It has been alleged that in the previous year the complainant had obtained advance amount of Rs. 10,000/- from Bhagwat Pandurang Bade. The person Pappu Bade had taken the guarantee of repayment of amount. Accordingly, she refunded the entire amount. The complainant further grumbled that on 08-05- 2019, at about 7.00 a.m. when the complainant and her sons were present in the house, the appellant came and hurled abuses to the complainant and her son. He was saying that why they did not settle the previous dispute. The appellant assaulted the complainant with the help of wooden log and caused bleeding injury to her. Thereafter one Sushila, Ramprabhu Bhagwat, Satwashila and daughter in law of Pandurang Bade came there and assaulted the complainant. They threatened to kill her. They all hurled casteist abuses to the complainant with intention to insult and humiliate them on her caste within a public view. Therefore, she filed the report.