{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2246 OF 2010 1. Pandurang s/o Ananda Dhole Age-60 years, Occ-Retired Head Master R/o Warkhed, Tq-Newasa Dist-Ahmednagar 2. Amol s/o Pandurang Dhole Age-29 years, Occ-Service R/o MHADA Colony, Bungalow No.116 Near baba Petrol Pump, Aurangabad APPLICANTS VERSUS 1. The State of Maharashtra 2. The Superintendent of Police, Ahmednagar, 3. Sangita w/o Vijubal Shirsath Age-32 years, Occ-Household R/o Warkhed, Tq-Newasa, Dist-Ahmednagar RESPONDENTS ....... Mrs. S.S.Jadhav, Advocate for the applicants Mr. K.S.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 18th June 2010 PER COURT: 1. By the present criminal application, the applicants have prayed to release them on anticipatory bail in the event of their arrest, in connection with CR No.33/2010, registered with {2} Newasa police station for an offence punishable u/s 323, 504, 506 of the Indian Penal Code with section 3 (1) (x) of the Atrocities Act. 2. Heard learned counsel for the applicants and learned APP. Perused the papers of investigation, particularly the complaint on the basis of which the said offence is registered. 3. It appears that the said offence came to be registered on the complaint of one Sangita, in respect of an incident dated 22.05.2010, which occurred at about 2.30 p.m. on the road in the agricultural field of the applicants and one Shinde. It is alleged that on the earlier day, the complainant and her daughter had plunged raw mangoes from the orchard of applicant No.1. On perusal of the two parts of the complaint, variance can be noticed. As in the earlier part, it is alleged that the applicants have abused them in the caste of their name and had slapped on their face, however in the later part, it is alleged that the senior person has assaulted with the whip. This itself indicates that there is improvement in the complaint. 4. Apart from improvement, the place, where the alleged incident has taken place, cannot be termed as a "Public Place", as to constitute an offence punishable under the Atrocities Act, it must be a "Public Place" or "Public View" so as to lower down the image of the said person in the society. Learned counsel for the applicants has contended that the applicant No.2 is selected for {3} the post of Police Sub Inspector and is presently residing at Aurangabad. 5. Considering the overall effect of the matter, exaggeration of the incident cannot be ruled out. In the premise, case is made out to enlarge the applicants on bail, though opposed by learned APP. 6. In the result, the application is partly allowed in terms of prayer clause “B”. In the event of arrest of the applicants in connection with CR No.33/2010 registered with Newasa police station, Dist-Ahmednagar, they be released on bail on their furnishing surety in the sum of Rs.15,000/- each and on executing PR bond in the like amount. The applicants are directed to cooperate the investigating agency and to attend the concerned police station, if required on written requisition by the IO concerned. Application stands disposed of. Applicant is at liberty to move an application for quashing of the FIR u/s 482 of the Criminal Procedure Code, if so advised. [A.V.POTDAR, J.] drp/B10/criapln2246-10