1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.680 OF 2010 Satish Balkrishna Bhise and anr. ..Applicants. Vs. The State of Maharashtra. ..Respondent. Mr.S. B. Shetye for the Applicants. Mrs. A.A. Mane, APP. For the State. CORAM : R.S. MOHITE, J. DATE : 26th March, 2010 PC : 1 This is an application for grant of anticipatory bail. The applicants are shown as an accused in C. R. No.3122/2009 registered by Karad Shahar Polic Station on the complaint of one Bhaskar K. Gaikwad. The said complaint has been filed on 4.12.2009. On the basis of the said complaint police have registered an offence U/s. 3(i)(ix) and 3(i)(x) read with 3 (ii) 7 of the S.C.S.T. Act. I have perused the complaint. The complaint is against applicant No.1 who is the 2 Principal of the Government Pharmacy College, Karad and applicant No.2 who is the Superintendent of the said college. At the relevant time, the complainant was working in the said college as a Store Keeper. Allegation is that some adverse remarks were passed by two applicants in his Confidential report by making false allegations and sent for confirmation to the Joint Director of Technical Education. It is contended that the complainant made a representation to the Joint Director of Technical Education and by his letter dated 29.4.2009 the representation of the complainant was accepted and the suggested adverse remarks in the said Confidential reports were expunged. The police have invoked Section 3(1)(ix) and 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 which have been invoked by the police are as under. (ix) gives any false or frivolous information to any public servant and thereby cause 3 such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe; (x) intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view; In so far as Section 3(1)(x) is concerned, it cannot be said that any act of intentionally insult or intimidation with intent to humiliate has taken place in public view. The said provision does not apply to the facts of the present case. In so far as sub clause (ix) of Section 3 is concerned, the public servant to whom the alleged false or frivolous information is given has not used his lawful power to cause any injury or annoyance. 2 On the contrary, the authority has directed to remove the suggested adverse remarks. In the circumstances, in my view, this is a case where the 4 aforesaid provisions prima facie do not apply. In this view of the matter, I am inclined to grant anticipatory bail to the applicants. It is therefore, directed that in the event of their arrest in C.R.No.3122/2009, the applicants may be released on bail in the sum of Rs.10,000/- each with one surety each in the like amount subject to the condition that they will remain present as and when called by the Investigating officer in writing. Application is disposed off. ( R.S. MOHITE, J.)