* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3322 OF 2010 [FOR ANTICIPATORY BAIL] Ajinkya Vasant Patane ........ Applicant : V E R S U S : The State of Maharashtra [at the instance of Karmala Police Station District­ Solapur] ....... Respondent ********** Mr. V.V. Purwant, Advocate for the applicant. Mr. Y.M. Nakhwa, Advocate for the respondent. CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 1st SEPTEMBER, 2010. P.C. :­ 1. The applicant apprehends his arrest in C.R. No. 189 of 2010 registered with Karmala Police Station, District­Solapur for the offences punishable under Sections 341, 447, 419, 420, 506 read with Section 34 Indian Penal code and Section 3(2), (4) and (5) of Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act. * 2 * Perusal of the complaint, copy of which is annexed at page­49 of the application, shows that the allegations made therein are essentially of a civil dispute. It alleges that the applicant and another person encroached upon the property of the complainant by constructing a school building thereon. Admittedly, there are civil proceedings filed between the two in respect of the land under the school building. The complaint then makes a vague reference to the threat given to the complainant. The resort made to the provision of the Scheduled Caste and Schedule Tribes (Prevention of Atrocities) Act, prima­facie, do not appear to be by way of atrocity upon the complainant. 2. In the circumstances, the application is allowed. In the event of the arrest of the applicant in C.R. No. 189 of 2010 registered with Karmala Police Station, District­Solapur, he be released on bail on furnishing P.R. Bond of Rs.30,000/­ (Rs. Thirty Thousand only) with one surety in the like amount. [SMT. R.P. SONDURBALDOTA, J]