1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 1483 of 2010 Narayan Deorao Dahatonde ..VERSUS.. State of Maharashtra, through G.P. & P.P. Buldana for P.S., Deulgaon Raja Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. P.B.Patil, Advocate for the applicant. Mr. M.J.Khan, A.P.P. for the respondent. CORAM : Prasanna B. Varale, J. DATED : 04 th Octo ber , 2010 . Heard. By the present application, the applicant is seeking anticipatory bail in Crime No. 94/2010 registered at Police Station, Deulgaon Raja for the offences punishable under Section 143, 147, 148, 149, 307 and 506 of Indian Penal Code and 3(1)(x) of Prevention of Atrocities Act. Mr. P.B.Patil, learned Advocate for the applicant submitted that the report lodged against the applicant is the out come of the political rivalry as the wife of the applicant is actively involved in the politics and there was a dispute regarding Sarpanch and Up-sarpanch elections of the Gram Panchayat, Mehuna Raja. Learned Advocate further submitted that the applicant is falsely involved in the crime to settle the political issue and there is no material against the applicant. The reply has been filed by the State. Mr. M.J.Khan, learned APP for the State has strongly opposed the application. Perused the record. Perusal of the First Information Report, lodged by the complainant Smt. Saraswatibai Dongre discloses that 2 the applicant along with other persons came to her house. The father of Smt. Saraswatibai namely Deolal Dongre was sleeping in the court- yard. The applicant and the other accused persons started abusing the father of Smt. Saraswatibai. They abused on caste by saying ‘chambhardya’ and raised their grievance that why he has participated in the election. One of the accused persons namely Sanjay Sose started attacking by an axe on Deolal. The statements recorded of the witnesses present on the spot clearly establishes the presence of the applicant and taking part in abusing the father of the complainant, making derogatory remarks on his caste. The applicant had approached initially the Sessions Court, Buldhana by preferring Misc. Criminal Application No. 396/2010 under Section 438 of Cr. P.C. and the same was rejected by the learned Additional Sessions Judge, Buldhana by order dated 09/9/2010. The material against the applicant was considered while rejecting the application. The respondent-State in its reply submits that in view of the specific bar under Sectsion 18 of the Atrocities Act, the applicant is not entitled for grant of anticipatory bail. It is also stated in the reply that the offence is serious one and some of the accused are absconding. The investigation is in progress and the custodial interrogation of the applicant is necessary. It is submitted that the applicant is influential person and there is possibility of pressurizing the witnesses. In view of the above and considering the material available on record, it is clear that the applicant was present on the spot and verbal exchange of words between the victim and the applicant took place. The statements of witnesses discloses that the applicant used derogatory words and abused the father of complainant on caste. 3 The investigation is in progress and custodial interrogation of the applicant is necessary. Hence, in my opinion, this is not the case where protection can be granted to the applicant. In the result, the application is rejected. The application is disposed of. JUDGE Diwale