1 criapln1749-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1749 OF 2011 1] Ashok s/o Digambar Jadhav 2] Sharad @ Atmaram s/o Ashok Jadhav 3] Datta s/o Ashok Jadhav 4] Anil s/o Ashok Jadhav .. APPLICANTS Vs 1] The State of Maha. 2] Dy.Supdt. of Police, Gangakhed,Dist.Parbhani. 3] Sow.Meena w/o Balasaheb Adode .. RESPONDENTS ... Shri A.A.Mukhedkar,Adv. for applicants. Shri N.H.Borade,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 23/06/2011 ORAL ORDER: 1] This application is filed for anticipatory bail in Crime No.19/2011 registered in Pimpaldari police station, Dist.Parbhani, for offences punishable under Sections 323, 504,506,306 r.w. 34 of I.P.C. , for offence punishable u/s 3 [i] [x] of of Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989 and for offence punishable 2 criapln1749-11 u/s 7(1)(5) of Protection of Civil Rights Act, 1955. A.P.P. has made available the papers of investigation. He showed injury certificate in respect of complainant. Both sides are heard. 2] Report is given by one Smt.Meena Adode. She has made allegation that on 11/2/11 at about 8 a.m. when she was passing by the side of field of applicant Arun Jadhav, he gave her beating and abused her by making allegation that she had committed theft of Tur crop. She has contended that after this incident, Ashok Jadhav, Sharad Jadhav, Datta Jadhav and Anil Jadhav came to her house and they all gave abuses to her and to her family members by taking name of their caste as “Maharde”. She has also contended that the applicants are making false allegation of theft and they are harassing them. 3] Report came to be given on 14/2/11 and the advocate submitted that in view of the late filing of the report, inference can be drawn that there is some exaggeration. He argued that complainant herself has admitted that the applicants had approached police first and they have given report against complainants side that they are committing theft of Tur crop. Injury certificate shows that the complainant came to be examined on 15th, though in the injury certificate, the month is mentioned as March. Injuries like abrasions and contusions were found and they are described as fresh, when the incident took place 3 criapln1749-11 on 11/2/11. In view of the circumstances, there is possibility that the offence committed is different than the offence alleged. In view of these circumstances, this Court holds that the bar of Section 18 of S.C. & S.T. Prevention of Atrocities Act, will not come in the way of granting anticipatory bail. 4] So application is allowed. In the event of arrest of applicant Nos. 1] Ashok s/o Digambar Jadhav, 2]Sharad @ Atmaram s/o Ashok Jadhav, 3] Datta s/o Ashok Jadhav, and 4]Anil s/o Ashok Jadhav in Crime No.19/2011 registered in Pimpaldari police station, Dist.Parbhani, for offences punishable under Sections 323, 504,506,306 r.w. 34 of I.P.C., for offence punishable u/s 3 [i] [x] of Scheduled Castes and Scheduled Tribes [Prevention of Atrocities] Act, 1989 and for offence punishable u/s 7(1)(5) of Protection of Civil Rights Act, 1955, they be released on their furnishing P.R. bond of Rs. 15,000/- each. Applicants shall not tamper with prosecution witnesses and they shall not commit similar offence. [T.V.NALAWADE,J.] umg/criapln1749-11