[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1469 OF 2008 1. Shri.Vasant Shiva Patil 2. Shri.Shivaji Narayan Patil 3. Shri.Vilas Ramchandra Randive 4. Shri.Bhikaji Shankar Davari 5. Shri.Mahadeo Yashwant Patil ..Applicants Vs. The State of Maharashtra ..Respondent ... Mr.A.P.Mundargi i/b Mr.Amit Sale Advocate for Applicants Mr.S.S.Pednekar APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 8, 2008 DATE : JULY 8, 2008 DATE : JULY 8, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. 2. The applicants are seeking anticipatory bail in CR No.51 of 2008 of Radhanagari Police Station, Kolhapur. The said case is mainly under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and under Section 323 of IPC. [-2-] 3. There was a dispute between the complainant and the applicants. Complainant is a teacher in the school in which the applicant no.1 is Principal. The applicant Nos.2 to 4 are teachers in the said school and applicant no.5 is the father of one of the students in the said school. The dispute had arisen on account of marking attendance of the son of applicant no.5. According to the complainant, on two occasions i.e. on 7.2.2008 and 9.2.2008 the applicants had uttered words referring to the caste of the complainant. It is seen that on both the occasions, the incident had taken place in the cabin of the applicant no.1 who is the Principal of the school. Looking to the facts stated in the complaint, Section 3(1)(x) of the SC ST Act would not be attracted as the incident did not take place in a place within the public view, hence, rigours of Section 18 of the said Act would not be attracted. 4. The learned APP states that the investigation is over and the presence of the applicants is required only for the purpose of filing charge sheet. Mr.Mundargi, the learned counsel for the applicants submitted that on the intimation being [-3-] given by the Investigating Agency, the applicants shall remain present in Court at the time of filing of the charge sheet. Looking to the above facts, I am inclined to grant bail to the applicants. 5. In the event of arrest, each of the applicants i.e. applicant nos.1-Vasant Shiva Patil, applicant no.2-Shivaji Narayan Patil, applicant no.3-Vilas Ramchandra Randive, applicant no 4-Bhikaji Shankar Davari, applicant no.5-Mahadeo Yashwant Patil be released on bail in the sum of Rs.20,000/- (Rs.twenty thousand only) each with one or two sureties to make up the said amount. The applicant to report to Radhanagari police station, Kolhapur as and when required. 6. Application disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]