( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3952 OF 2010 Balaji s/o Bhagwan Paul, R/o Banchincholi, Tq. Hadgaon, Dist. Nanded. APPLICANT VERSUS 1. The State of Maharashtra, through PSI, Police Station, Hadgaon, Tq. Hadgaon, Dist. Nanded. 2. The District Superintendent of Police, Nanded, Dist. Nanded. 3. Smt. Saraswatibai w/o Dattarao Ghongade, R/o Banchincholi, Tq. Hadgaon, Dist. Nanded. RESPONDENTS .... Smt. S.G. Chincholkar, advocate for the applicant. Smt. B.R. Khekale, APP for the respondents No. 1 and 2. Smt. Anuradha S. Mantri, advocate for the respondent No. 3. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 31st August, 2010] PER COURT : 1. Heard learned counsel for the parties and learned A.P.P. 2. The learned counsel for the applicant does not press the application for quashing of the F.I.R. and, therefore, the application to the extent of prayer for quashing of F.I.R. is dismissed. ( 2 ) 3. The learned counsel for the applicant would submit that prayer for anticipatory bail may be considered on merits and in view of the averments made in the F.I.R. 4. The alleged incident occurred in the morning of 6th November, 2009 while complainant - respondent No. 3 was proceeding from agricultural land of the applicant to reach agricultural land of one Raghoba Kerba Raut for attending agricultural work as daily wager. She was accompanied by other three (3) women, namely, Chaturabai, Ratnamalabai and Ambabai. It is alleged that the applicant abused the respondent No.3 (complainant) addressing her as "Maharde" - "Mangde". He asked them as to why they were going through his agricultural land. He also assaulted Chaturabai and Ratnamalabai by means of a stick. He threatened them that he will cut legs if they would again enter his agricultural land. 5. It is pertinent to notice that the F.I.R. was lodged on 11-11-2009. The delay in filing of the F.I.R. is not duly explained. It appears that injured Saraswatibai (complainant) was found to bear two (2) simple injuries. The F.I.R. does not show, however, that she was assaulted by the applicant. The ( 3 ) F.I.R. purports to show that the applicant assaulted Ratnamalabai on her back by means of a stick. However, the medico-legal certificate shows that no external injury was found on her back. Thus, there appears inconsistency between the medical evidence and the averments in the F.I.R. 6. It is further necessary to note that offence is registered against the applicant under section 3 (1) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 besides one under section 323, 504 and 506 of the I.P. Code. The offences shown under the I.P. Code are bailable. The offence under section 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is of non-bailable nature. For the purpose of section 3 (1) (x) of the said Act, it is essential to demonstrate that the act was committed within public view. In the present case, the incident occurred in the agricultural land of the applicant, which is admittedly not a public place nor it is alleged that the act was committed in public view. Secondly, the intention of the applicant appears to be to obstruct the respondent No. 3 and other women from passing through his agricultural land. Needless to say, prima facie, the material to attract provisions of section 3 (1) (x) of the ( 4 ) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is not satisfactorily demonstrated. Reliance is placed on "Rajesh Bajaj v. State NCT of Delhi and others" (1999) 3 SCC 259. Since the applicant is not pressing for quashing of the F.I.R., it is not necessary to refer this citation in detail. 7. Considering the prima facie material found on the record and the inapplicability of the above referred penal provision, the applicant deserves the freedom by way of anticipatory bail. Hence, the application is allowed. The applicant is directed to be released on bail, in the event of his arrest, on furnishing bail bonds in sum of Rs. 25,000/- (rupees twenty five thousand) and on condition that he shall attend the concerned Police Station for four (4) weeks on each Sunday between 10 a.m. to 2 p.m. and shall cooperate with the Investigating Officer. The order of anticipatory bail will come to end on filing of the chargesheet. [V.R. KINGAONKAR] JUDGE NPJ/criapln3952-09 ( 5 )