(1) Cri. gtApplication No. 4166 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 4166 of 2011 1. Hanumant s/o. Bhikaji @ Nivurtti Koli, Age : 50 years, Occupation : Agriculture. 2. Balaji s/o. Nagorao Koli, Age : 30 years, Occupation : Agriculture. 3. Govind s/o. Dnyanoba Humbe, Age : 30 years, Occupation : Agriculture. 4. Bhagwat s/o. Bhimrao Gote, Age : 30 years, Occupation : Agriculture. 5. Nagnath s/o. Ankush Sathe, Age : 30 years, Occupation : Agriculture. 6. Babu s/o. Sardar Pathan, Age : 38 years, Occupation : Agriculture. 7. Vikas s/o. Mohan Lomte, Age : 31 years, Occupation : Agriculture. (2) Cri. gtApplication No. 4166 of 2011 8. Dhananjay @ Bhaiya Babruwan Lomte, Age : 22 years, Occupation : Agriculture. 9. Hanumant s/o. Rangnath Panchal, Age : 23 years, Occupation : Agriculture. 10. Sahebrao s/o. Fakirji Mane, Age : 55 years, Occupation : Agriculture. 11. Aashruba s/o. Suresh Sathe, Age : 21 years, Occupation : Agriculture. 12. Bhagwant s/o. Vikram Mane, Age : 25 years, Occupation : Agriculture. 13. Hari s/o. Narayan Jadhav, Age : 23 years, Occupation : Agriculture. 14. Balaji s/o. Haribhau Bikkad, Age : 34 years, Occupation : Agriculture. 15. Udhav s/o. Tanaji Lomte, Age : 25 years, Occupation : Agriculture. All r/o. Devlali, Taluka : Kallamb, District : Osmanabad. .. Applicants. (3) Cri. gtApplication No. 4166 of 2011 versus The State of Maharashtra, through Police Inspector, Police Station, Siradhon, Taluka : Kallamb, District : Osmanabad. .. Respondent. ....................... Mr. V.D. Salunke, Advocate, for the applicants. Smt. R.K. Ladda, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 17TH OCTOBER 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose, and heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant nos.1 (4) Cri. gtApplication No. 4166 of 2011 to 15, seeking regular bail in connection with Crime No. 84/2011, registered at Police Station, Shiradhon (Taluka : Kallamb, District : Osmanabad), for the offences punishable under Sections 395, 332, 336, 147, 148 and 149 of Indian Penal Code, and Section 3(1)(x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. It appears that the crime has been registered on the basis of the complaint lodged by the complainant, namely, Sundar Rama Yedke, on 21st August 2011, against the applicants and other co-accused persons, contending that the complainant belongs to "Matang" community (Scheduled Caste), and an application was filed on 20th August 2011 to the Tahsil Office, Kallamb, in respect of allotment of land bearing Gut No. 64/65, admeasuring 85 Acres at village Devlali, to the persons belonging to "Matang" community, being landless persons. Hence, it is alleged that due to filing of such application, Bhagwant s/o. Vikram Mane i.e. applicant no.12, and other nine persons assaulted the persons in the village, and thereby Sindhubai Murli Yedke also lodged the complaint, which is registered as Crime No. 82/2011. It is further alleged that on 21st August 2011, at about 7.00 a.m., Police personnel from Shiradhon Police Station came for investigation in village Devlali. It is also alleged that at (5) Cri. gtApplication No. 4166 of 2011 about 10.00 a.m., Shri Omraje Nimbalkar, M.L.A., was proceeding for a meeting in Sathenagar, pertaining to "Matang" caste. At this juncture, Tahsildar, Kallamb, and Deputy Superintendent of Police were also present. It is alleged that at that time, applicant no.8, Dhananjay, and applicant no.7, Vikas, arrived at the said meeting and uttered the words, "Mangatyaho lai majalat, Police gelyavar gayran kase magtat ?". They also stated that they would repeat the "Khairlanji incident", and allegedly humiliated the complainant on the caste. Thereafter, the said applicant no.8, Dhananjay, was taken into the Police vehicle. Hence, the other applicants and other co-accused persons, numbering 30 - 40 persons came from village to Sathenagar, and pelted stones and bricks, and applicant nos.7 and 8 herein, Vikas and Dhananjay, respectively, assaulted Sindhubai by leg kicks and fist blows, and also by stick, and allegedly snatched Mangalsutra, weighing 5 grams, worth Rs. 10,000/-, from her neck. 4. On the aforesaid background, it appears that there are four injured persons, namely, Shivaji Bhise, Mahadeo Shinde, Mahesh Ghuge and Panjabrao Bhagat, in the occurrence of the aforesaid incident. However, injury certificates of the said injured persons disclose that they sustained simple injuries. It (6) Cri. gtApplication No. 4166 of 2011 also appears from the contents of the complaint, that there are general and omnibus allegations against the applicants. True it is, that there are specific allegations against applicant no.7, Vikas, and applicant no.8, Dhananjay, that they allegedly assaulted Sindhubai by leg kicks and fist blows, and by stick, and also snatched Mangalsutra from her neck. However, the applicants are in custody since 21st August 2011 i.e. for almost about two months, and were available for investigation purpose sufficiently. As regards snatching of Mangalsutra from the neck of Sindhubai, it is pertinent to note that the complaint lodged by Sindhubai under Crime No. 82/2011 discloses that she has nowhere stated in the complaint, that the applicant no.7, Vikas, and applicant no.8, Dhananjay, snatched Mangalsutra from her neck, whereas she has stated that said Mangalsutra was lost during occurrence of the incident. 5. Besides, it appears that the conflict took place between two groups, and the present FIR as well as Crime No. 82/2011 was lodged by Sindhubai, and also, Crime No. 83/2011 was lodged by Rajmati Suresh Deshmukh, which appears to be outcome of rivalry between said groups. 6. In the circumstances, having comprehensive view of (7) Cri. gtApplication No. 4166 of 2011 the matter, and since the applicants were available for investigation purpose, sufficiently, for the last about two months, and apparently, nothing is to be recovered from the applicants, there is no propriety in keeping the applicants in custody furthermore, and hence, they deserve grant of bail, but on certain conditions. 7. In the result, present Criminal Application is allowed, and it is directed that the applicant nos.1 to 15 be released on bail, in connection with Crime No. 84/2011, registered at Police Station, Shiradhon (Taluka : Kallamb, District : Osmanabad), on furnishing P.R. Bond in the sum of Rs. 15,000/-, each, with one surety in the like amount by each of them, on the following conditions : (i) Applicant nos.1 to 15 shall give attendance before the concerned investigator, once in a week i.e. on every Wednesday, between 5.00 p.m. to 7.00 p.m., till filing of the charge sheet, and shall cooperate in the investigation. (ii) Applicant nos.1 to 15 shall not influence upon the witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. (8) Cri. gtApplication No. 4166 of 2011 8. Present Criminal Application is disposed of finally. 9. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/4166ka