Cri. Apln. 1602/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1602 OF 2011 1. Asaram s/o. Anna Phulare 2. Rukmanbai w/o. Asaram Phulare, Both R/o. Saliwadi, Khultabad, Tq. Khultabad, Dist. Aurangabad. ....Applicant. Versus The State of Maharashtra & Anr. ....Respondents. Mr. S.S. Jadhavar, Advocate for applicant. Mr.B.J. Sonawane, APP for State. CORAM : T. V. NALAWADE, J. DATED : 10th June, 2011. PER COURT : 1. This application is filed for anticipatory bail in Cr. No. 11/11 registered with Khultabad Police Station, District Aurangabad for offence punishable under section 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and for some offences under IPC. My predecessor has directed to make the original complainant party to the proceedings and as per the direction of my predecessor, original complainant is served, but he has not turned up. Cri. Apln. 1602/2011 2 Both the sides are heard. 2. The crime is registered on the basis of report given by one Dilip Bavaskar against the present applicants and their sons. The incident took place on 20.3.2011, which was the day of festival of "Rangpanchami". The complainant has made allegations that he and main accused Raju were celebrating the festival. But, when the colour used by the complainant fell on the person of Raju, he picked up a quarrel. Allegations are made that Raju gave abuses by taking the name of caste of the complainant viz. "Mangtya". Allegations are made that when complainant and other persons went to the house of Raju to inform his parents about the conduct of Raju, they also gave abuses by taking the name of his caste. Allegations are made that by using sword and stick he was assaulted by present applicants and their sons. 3. There is supplementary statement of complainant on record and in it, it is mentioned that by mistake he has described the weapon as sword when the incident took place in the house of present applicants. It appears that there is no injury certificate and the crime is registered only under section 323 and 504 of IPC in this case. The advocate for the applicant submitted that they have no concern with the incident, if any, and their son Raju and Gajanan are also arrested by police. The aforesaid material shows that there was quarrel between youngsters, but the Cri. Apln. 1602/2011 3 names of parents of Raju are also taken by the complainant. There is clear possibility that the real offence may be different committed by sons, but their parents are involved in the offence under SC & ST (Prevention of Atrocities) Act, 1989. In view of these circumstances, this Court holds that anticipatory bail can be granted to the present applicants and hence, the order. (1) The application is allowed. (2) In case of arrest of present applicants in Cr. No. 11/2011 registered with Khultabad Police Station, District Aurangabad for offences punishable under sections 3 (1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under section 323, 504 read with 34 of IPC, applicants are to be released on bail on their furnishing PR and SB of Rs. 15,000/- each. The applicants are not to tamper the prosecution evidence and they are to co-operate with the investigating agency during investigation. [ T. V. NALAWADE, J.] ssc/criapln1602/11