1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1677 OF 2010 Siminta w/o Vinayak Phad ...Applicant VERSUS The State of Maharashtra & anr. ...Respondent ..... Shri J.M. Murkute, Advocate for the applicant Shri D.V. Tele, A.P.P. for the respondents ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 4th May, 2010. PER COURT : 1. Issue notices to the respondents. Mr. D.V. Tele, learned A.P.P. accepts notices for the respondents and stated that he has received the papers of investigation. 2. Heard Mr. J.M. Murkute, learned counsel for the applicant as well as heard Mr. D.V. Tele, learned A.P.P. for the respondents. 3. This is an application preferred by the applicant, seeking 2 anticipatory bail, apprehending her arrest under C.R. No.33/2010, registered at Parli (Rural) Police Station, District Beed, for the offences punishable under Sections 376, 394, 323, 504, 506 of the Indian Penal Code and Sections 3(1)(2), 3(1)(12), 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4. It appears that, the offence has been registered on the complaint lodged by the complainant namely Manda Baban Shelke on 23.3.2010 in respect of the alleged rape committed by Mahesh Vinayak Phad upon her for various times and thereby she became pregnant and, therefore, she disclosed the said aspect to her parents and when her parents went to the field of Mahesh Phad and her parents to ask the explanation therefor, the applicant, who is mother of Mahesh Phad, as well as her husband Vinayak Phad and the main culprit namely Mahesh Phad assaulted the complainant by fist blows and leg kicks as well as by wooden stick and humiliated her by calling her Mangtya, and snatched the gold necklace of weighing 5 gms. from her mother's neck and threatened them and expelled them from their field. 5. Apparently, it appears from the contents of the complaint as well as the statements of the witnesses which were 3 recorded during the course of investigation that, there are general and omnibus allegations against the applicant herein that she along with her husband and son assaulted the complainant by leg kicks and fist blows as well as assaulted her by wooden stick, and humiliated her by calling her Mangtya, and abused the complainant. Apparently, there are no allegations against the applicant in respect of her involvement in the alleged commission of the offence of rape, even remotely. 6. Besides that, the contents of complaint apparently do not disclose that the complainant is member of Scheduled Caste or Scheduled Tribe, as well as apparently the contents of complaint do not reflect that the alleged humiliation of the complainant calling her Mangtya was within public view and, therefore, apparently, it appears that, the complaint is short of necessary ingredients and, therefore, bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 may not come into picture. Apart from that, the applicant is a woman, aged about 45 years and, therefore, considering the aforesaid aspects, her application deserves to be considered for the grant of anticipatory bail. 7. In the result, present application is allowed and it is 4 directed that, in the event of arrest of applicant under C.R. No. 33/2010, registered at Parli (Rural) Police Station, District Beed, she be released on bail on furnishing surety in the sum of Rs. 15,000/- and on executing P.R. bond in the like amount, on the following conditions : (i) The applicant shall attend the concerned police station as and when required, on written intimation, till filing of the charge sheet and shall cooperate in the investigation. (ii) The applicant shall not tamper with the evidence and/or influence upon the witnesses directly/ indirectly. 8. Needless to say that, the aforesaid anticipatory bail granted to the applicant is till filing of the charge sheet. it is also made clear that, the above observations are prima facie in nature and shall not come in way of any Court while deciding the matter on merits. (SHRIHARI P. DAVARE) JUDGE fmp/cr1677.10