1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [ABA] No. 376 of 2011 (Ashok Shivlal Hurkat Vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A.S. Kilor, Advocate for the applicant. Mrs. B.P. Maldhure, APP for the State/non-applicant. CORAM : M.N. GILANI, J. DATE : 22 nd NOVEMBER, 2011. Heard both sides. The applicant-accused, who is arrayed as an accused in Crime No. 3034/2011, registered with Police Station Khandala, Tahil Pusad, District Yavatmal, for the offence punishable under Section 3(1)(10) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Section 506 of the Indian Penal Code, has filed this application for his pre-arrest bail. Sahebrao Shankarrao Madhade, who is the headmaster of Upper Primary School, Panhala, lodged F.I.R. on 05/09/2011, alleging that the applicant-accused threatened him to cause his death and also hurled abuses at him by naming his caste. On that basis the offence came to be registered as stated above. Apprehending arrest in the aforesaid crime, this 2 application has been filed. It is stated that the applicant, by using the provisions of Right to Information Act, collected information against the complainant pointing out that he mis- appropriated the amount of Rs.66,000/- while acting as a headmaster of the school The averments in the F.I.R. point out that the incident occurred on 03/09/2011 at about 11:30 a.m. at village Khandala However, on 05/09/2011 and that too at 9:00 p.m., the F.I.R. was lodged. What is alleged are the verbal abuses and verbal threats. In this view of the matter, there is a reason to believe that the allegation of the applicant having hurled the abuses of such a nature, which would tend to intentionally insults or intimidates with intent to humiliate the complainant, may be an exaggeration. In that light of the matter, bar of Section 18 of the Prevention of Atrocities Act cannot be held to be attracted. For this reference, the learned counsel for the applicant placed reliance on the judgment of this Court in case of Ramchandra Govindrao Watkar and another Vs. State of Maharashtra, 1995(2) Mh.L.J. 669. Hence, the application is allowed. In the event of arrest of the applicant in Crime No. 3034/2011, registered with Police Station Khandala, Tahsil Pusad, District Yavatmal, for the offence punishable under 3 Section 3(1)(10) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Section 506 of the Indian Penal Code, he is directed to be released on his furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties in the like amount, with condition to attend the Police Station Khandala, Tahsil Pusad, District. Yavatmal, as and when called for the purpose of investigation. JUDGE *Sdw