KESHAV REDDY RAMLU YELTIWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Admit. The matter is taken up for its finality on merit with the consent of learned counsel for appellant and learned APP. Despite service of notice, no one has caused appearance on behalf of respondent No. 2.

(2.) This appeal is directed against the impugned Order of rebuffing the relief of pre-arrest bail to the appellants in Crime No. 61 of 2019 registered with Mandvi Police Station, Taluka Kinwat, District Nanded, under Sections 323 and 506 read with Section 34 of the Indian Penal Code (IPC) and under Sections 3(1)(r)(s) and 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 Act of 1989.

(3.) The allegations on behalf of prosecution in brief is that on 10-09-2019, complainant - Maroti Yeshwantrao Gedam, resident of Lendiguda, Taluka Kinwat, District Nanded, approached to the Police of Mandvi Police Station, Taluka Kinwat, District Nanded and ventilated the grievance that on 06-09-2019 in the morning hours, he met with person by name Ashanna Malleshu Bimannawar of village Shirpur and he informed to the first informant that he has to get redeem his land kept mortgage with the Keshav Reddy Yeltiwar of village Nagapur by making payment of mortgage money. He asked first informant-complainant to accompany with him at Nagapur for negotiation with appellants. Accordingly, the complainant, the person Ashanna Bimannwar and other respectable persons visited to the appellant mortgagor Mr. Keshav Reddy Yeltiwar. There was meeting held in the court-yard of the house of appellant-Keshav Reddy. The mortgagee Ashanna Bimannawar disclosed that he wanted to get redeem his agricultural land after refund of principal amount of Rupees Six Lakhs and its interest amount of Rupees Six Lakhs total Rupees Tweleve Lakhs to the appellant-Keshav. Therefore, he requested the appellant to accept the money and alienate the mortgaged agricultural land in his favour. But, the appellants found reluctant to favour mortgagee- Ashanna. It has been alleged that the appellants made demand of more amount of Rupees Two lakhs. There was a hot exchange of words in between appellants and other members present in the meeting. The appellants reprimanded first informant for his unnecessary intervention in the transaction. According to prosecution, the appellants darted on the person of first informant. They manhandled the complainant and jostled him during altercation. In the fight appellants hurled casteist abuses to the first informant. The appellants by saying "Gondadya" or "Adiwasi" attempted to insult, humiliate the first informant on his caste. The appellants had also given threats of dire consequences to the first informant. Eventually, the first informant filed the report with Police Station for penal action against the appellants.