1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2905 OF 2009 1. Shashikant @ Bhayya S/o.Kasiram pawar, Age-22 years, Occu-Agriculturist, R/o.Pus, Tq.Ambajogai, Dist. Beed. 2. Nana S/o.Youraj Deshmukh, Aged-24 years, Occu-Education, R/o.Pus, Tq.Ambajogai, Dist.Beed. 3. Rajebhau S/o.Ramkishan Pawar, Age-40 years, Occu-Labour, R/o.Pus, Tq.Ambajogai, Dist. Beed. 4. Anant S/o.Baburao Deshmukh, Age-32 years, Occu-Agriculturist, R/o.Pus, Tq.Ambajogai, Dist. Beed. 5. Youraj S/o.Manik Pawar, Age-42 years, Occu-Agriculturist, R/o.Pus, Tq.Ambajogai, Dist. Beed. 6. Nitin S/o.Baliram Pawar, Age-24 years, Occu-Education, R/o.Pus, Tq.Ambajogai, Dist. Beed. 7. Rajabhau @ Rajkumar S/o.Shivaji Thorat, Age-22 years, Occu-Education, R/o.Pus, Tq.Ambajogai, Dist. Beed. APPLICANTS 2 VERSUS 1. The State of Maharashtra, Through the Police Station Officer, Police Station, Bardapur, Tq.Ambajogai, Dist.Beed. 2. The Superintendent of Police, Beed. 3. Sanjay S/o.Ganpati Udar, Age-25 years, Occu-Agriculturist, R/o.Pus, Tq.Ambajogai, Dist. Beed. RESPONDENTS Mr.S.S.Choudhari, learned counsel for applicants. Mr.B.J.Sonwane, learned APP for respondent no.1 and 2 Mr.S.W.Munde, learned counsel for respondent no.3 (CORAM : A.V.POTDAR, J.) DATE : 19/11/2009 PER COURT : 1. By the present application, the applicants have prayed to quash and set aside the offence registered vide CR No.70/2009 in Wardha Police Station, Tal.Ambajogai, Dist. Beed dated 06/08/2009 for an offence punishable u/s.147, 148, 149, 324 r/w.34 of IPC and u/s. 3(1)(x) of The SC and ST (Prevention of Atrocities Act). They also prayed for their release in the event of their arrest in connection with the said offence. 2. As the notice of the application is already served on the 3 prosecution, papers of investigation till carried out are placed in my hand for my perusal. 3. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for State and the learned counsel appearing for original complainant. 4. Perusal of the complaint on which an offence was registered in Wardha Police Station vide CR No.70/2009 shows that the alleged incident occurred on 06/08/2009 in front of one Kalyan Tyre Shop at Ahmedpur-Ambajogai Road, then the fact is clear that the alleged offence occurred on the public road and not in close proximity. It is alleged in the said complaint that all these applicants came in one jeep where the complainant stood in front of the said tyre shop and applicant no.1 inquired as to why their names were not displayed on the posters which were displayed on account of “Sathe Jayanti” in the village. According to the complainant he replied, as it was the celebration of their community and these applicants are not belongs to their community, hence their names were not displayed in the said posters. On this count, alteration of words took place between the complainant and these applicants in which applicant no.1 abused the complainant by uttering the words “Mangte, Dhedgya” and thereafter assaulted on his face. Likewise remaining applicants also assaulted the complainant and other persons who were there with the sticks in their hand. 4 5. During the course of submissions across the bar, it is urged that only the first applicant has allegedly used the communal abuse to the complainant and the remaining accused have not used such words, which is an offence under the SC and SC (Prevention of Atrocities Act). In the premise, first prayed to quash the FIR and also in the alternate, prayed that applicants be released on anticipatory bail in the event of their arrest in connection with this crime. These submissions were advanced on the ground that the caste of the complainant do not disclose in the complaint as well as the caste of the accused do not whisper in the complaint. Learned APP as well as learned counsel appearing for the original complainant vehemently oppose these submissions. 6. So far as the caste of the complainant is concerned, it is disclosed in the complaint, hence there is no merit that caste of the complainant do not find place in the complaint. As per the recent judicial pronouncement by our own High Court, it is not necessary that the caste of the accused ought to be reflect in the complaint and in absence of such, there shall not be any offence u/s. 3(1)(x) and the sub clauses thereunder under the SC & ST Atrocities Act. Hence so far as these submissions are concerned, applicants have no legal right to pray to quash the FIR. Amongst the 7 applicants, disclosure of fact that the first applicant abused in the words “Mangte, Dhedgya” to the complainant which attributed as an offence u/s. 3(1) (x) of The SC and ST Act. The other accused are the companion of the first applicant. In the premise, so far as the submission that on 5 bare reading of the complaint, no offence made out to take cognizance for an offence under the SC and ST Act, and for quashing the FIR. These submissions are not tenable. 7. Then the question arose, on the given circumstances, whether the applicants can be released on bail in the event of their arrest in connection with the present offence. Considering the role attributed to the applicants, the role played by the first applicant is attributed to the offence under the SC & ST Act, but so far as role played against the remaining accused, it covers under the offences under IPC. Investigation is yet to be over. In the premise, the application require following order. O R D E R 1. Application is partly allowed. 2. Anticipatory bail application in respect of the first applicant is hereby rejected. 3. In the event of arrest of applicant no.2 to 7, in connection with Crime No.70/2009, interim protection already granted on 29/08/2009 to continue for the period of 4 weeks. Within meantime they may apply for regular bail. 4. The applicants not to contact with the prosecution witnesses or to tamper the evidence of prosecution witnesses. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/NOV 2009/cri.appl.2905-09