Cri. Apln. No. 2953/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2953 OF 2011 Gangadhar @ Pandit Bhausaheb Hiwale, R/o. Kondhwad, Tq. Rahuri, Dist. Ahmednagar. ....Applicant. Versus The State of Maharashtra & Anr. ....Respondents. Mrs. Sadhana S. Jadhav, Advocate for applicant. Mr. N.H. Borade, APP for State/respondent. CORAM : T. V. NALAWADE, J. DATED : 19th July, 2011. PER COURT : 1. This application is filed for anticipatory bail in Cr. No. 195/11 registered in Shrirampur Police Station for offences punishable under sections 354, 323 etc. of IPC and section 3 (1) (11) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The papers of investigation are made available.Both the sides are heard. 2. The crime is registered on the basis of report given by one lady who owns the agricultural land. The advocate for the applicant submitted that lands of two families are adjacent to each other. Allegations are made that incident took place on 23.6.2011 after 2 pm and the incident started due to beating given by wife of applicant to son Cri. Apln. No. 2953/2011 2 of complainant. After the beating, the complainant went to wife of applicant to question her and then quarrel took place between the complainant and wife of applicant. Complainant has made allegations that applicant came to her field and he gave her beating by fist blows and gave threat of life. Complainant has made allegations that the applicant gave beating to her and he also pulled the Sari of complainant and he also abused by taking name of her caste “Mahar”. The injury certificate shows that there was blunt trauma on forehand and on left leg. The injures were simple. The complainant was examined at about 2.50 pm on 24.6.2011. The report was also given on 24.6.2011 at about 13.40 hrs. 3. The papers of investigation show that the real dispute was different. There is possibility that the allegations in respect of use of name of caste is added to make the things more serious. The advocate for the applicant submitted that the offence under section 354 is bailable. In view of nature of allegations, police should not need the custody of applicant for the purpose of interrogation. Some conditions can be imposed on him. 4. So the application is allowed. In case of arrest of applicant Cr. No. 195/11 registered in Shrirampur Police Station for offences punishable under sections 354, 323 etc. of IPC and under section 3 (1) (11) of the Cri. Apln. No. 2953/2011 3 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, he is to be released on bail on his furnishing PR and SB of Rs. 15,000/- (Rupees fifteen thousand). The Applicant is to appear before the Investigating Officer on coming two Saturdays and Sundays between 9 am and 12 noon. He is to co-operate the Investigating Officer during investigation. He is not to tamper with the prosecution witnesses and he is not to commit the similar offence. [ T. V. NALAWADE, J.] ssc/criapln2953.11