Cri. Apln.1307/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1307 OF 2011 1. Tukaram Padamrao @ Padmanath Wandhekar, Age 47 yrs., Occu. Agri., 2. Subhash @ Jalindar Padamrao @ Padmanath Wandhekar, Age 43 yrs., Occu. Agri., 3. Ganesh @ Bandu Tukaram Wandhekar, Age 26 yrs., Occu. Agri., All R/o. Lohasar-khandgaon, Tq. Pathardi, Dist. Ahmednagar. ....Applicants. Versus 1. The State of Maharashtra 2. Superintendent of Police, Ahmednagar, Dist. Ahmednagar. 3. Nandkumar Radhuji Gaikwad, Age 50 yrs., Occu. Agri., R/o. Ragho-Hivre, Tq. Pathardi, Dist. Ahmednagar. ....Respondents. Mrs. Sadhana Jadhav, Advocate for applicants. Mr. N.H. Borade, APP for respondents. Mr. A.M. Karad, Advocate for complainant. CORAM : T. V. NALAWADE, J. DATED : 6th June, 2011. Cri. Apln.1307/11 2 PER COURT : 1. This application is filed under section 438 of Criminal Procedure Code for anticipatory bail in Cr. No. 11/11 registered with Pathardi Police Station, Dist. Ahmednagar. The crime is registered under sections 3 (1) (x), 3 (1) (iv) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and also for other offences under Indian Penal Code. 2. The original complainant has appointed Mr. A.M. Karad, learned counsel. He is allowed to assist the learned APP. Papers of investigation are made available. Both the sides are heard. 3. Allegations are made against the present applicants that in the incident dated 15.3.2011, which took place on common bandh, situated between the land of complainant and the accused side. The complainant wanted to cut few branches of Babool trees which were creating obstruction to him. At that time, it is alleged that the accused persons gave abuses, by taking name of caste "Mahar" of complainant and they also assaulted the complainant by using stick. 4. It is the case of the applicants that false report is given against them due to the complaint made by applicants against one Devidas Bansi Roman, who had cut branches of trees of the applicants. Some Cri. Apln.1307/11 3 record has produced to show that application was given to Tahsildar on 3.3.2011 to bring the incident to notice of Tahsildar. Statement of wife of one of the applicant was recorded and then the panchanama of the spot was prepared on 14.3.2011. The Circle Officer gave report on 21.3.2011 showing that there was such cutting of trees of branches. Said Devidas Roman was not available during inquiry. His name is shown as witness in the alleged incident which took place on 15.3.2011. 5. The aforesaid circumstances show that there is a possibility of giving false report in respect of the offence allegedly committed under the provisions of SC and ST (Prevention of Atrocities) Act, 1989. The injury certificate dated 17.3.2011 shows that tenderness was found on the back of the complainant. Thus, the report was given late on aforesaid circumstances. The nature of the offence is such that police need not custody of the applicants for the purpose of interrogation. The APP submitted that the stick used in the crime is to be recovered and some custodial interrogation is necessary. Some conditions can be imposed in that regard. But, in spite of the bar under section 18, the anticipatory bail needs to be granted. 6. One more circumstance was argued for the applicants that in the old school leaving certificate issued by the first school, the religion was mentioned as Christian. The complainant has produced a copy of the Cri. Apln.1307/11 4 school leaving certificate of other second school and a copy of caste certificate issued by Tahsildar. The record shows that the caste of the complainant is "Mahar". There is certificate issued by the first school of the complainant to show his religion as Christian and this circumstance also needs to be kept in mind. (1) So the application is allowed. (2) In case of arrest of the applicants in Cr.No. 11/11 registered with Pathardi Police Station, applicants be released on bail on furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand), each. (3) Applicants be released on conditions that applicants are to co- operate during investigation and they are to attend the concerned police station on two Sundays from today between 10 a.m. to 12 noon. (4) The applicants shall not tamper with the prosecution witnesses and they shall not commit any other offence. [ T. V. NALAWADE, J.] ssc/criapln1307.11