- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 709 OF 2008 Hemant Y. Deshmukh Applicant vs. The state of maharashtra Respondents Mr. K. S. Patil, Advocate for the applicant Mrs. M. M. Deshmukh , APP for the respondent. CORAM : D. G. KARNIK, J. DATE : MARch 12, 2008. PC 1. Heard. 2. The applicant seeks pre-arrest bail in connection with C.R. No. II 2/2008 registered with Roha Police Station, district Raigad, for the alleged offence punishable under section 3 and 6 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 [for short the "the Atrocities Act"] 3. The prosecution case in short is that, on 22th November 2008 the applicant hit with stick the photograph - 2 - of Mr. Tatkare’s father which was affixed on the S.T. stand and broke the photograph. When the complainant questioned the action, the applicant gave abuses referrable to the caste of the complainant. 4. The learned APP submits that in view of Section 18 of the Atrocities Act, the applicant is not entitled to the pre-arrest bail. In Ramchandra Govindrao Watkar & Ramchandra Govindrao Watkar & Ramchandra Govindrao Watkar & anr. anr. anr. Vs. State of Maharashtra [1995(2) Mh.L.J.669] Vs. State of Maharashtra [1995(2) Mh.L.J.669] Vs. State of Maharashtra [1995(2) Mh.L.J.669] this Court has held that merely because a case has been registered by the police under the Atrocities Act, an application for grant of anticipatory bail should not be thrown out without finding out whether there are accusations of commission of an offence punishable under the of Atrocities Act. The Court should not shirk its responsibility in examining inappropriate cases, whether ex facie the accusation discloses no offence having been committed punishable under the Atrocities Act. In the light of this, I would have to examine whether the allegations in the FIR at all amount to an offence punishable under the Atrocities Act. 5. In the FIR applicant has not mentioned his own caste nor has he mentioned caste of the applicant. In Manohar Manohar Manohar S/o. Martandrao Kulkarni & Anr. Vs. State of S/o. Martandrao Kulkarni & Anr. Vs. State of S/o. Martandrao Kulkarni & Anr. Vs. State of Maharashtra Maharashtra Maharashtra and Ors. [2005(4) Mh.L.J. 588] and Ors. [2005(4) Mh.L.J. 588] and Ors. [2005(4) Mh.L.J. 588] this Court - 3 - has taken a view that where the caste of the complainant and/or the accused is not mentioned in the body of F.I.R., there can be no registration of a crime under the Atrocities Act and all investigations and further Court proceedings on the basis of such F.I.R. cannot be maintained in law". As the present F.I.R. does not mention the caste of the complainant as well as caste of the applicant prima-facie, the offence under the Atrocities Act would not have been registered. In the light of this, the applicant is entitled to the pre-arrest bail. Hence, I pass following order. _O_R_D_E_R_ . In the event of arrest of the applicant in connection with Crime No. II 2/2008 registered with Roha Police Station, District Raigad, he be released on bail, furnishing personal bond of Rs.10,000/- with one surety in the like amount, subject to condition that the applicant shall not make inducements of threats to the prosecution witnesses and shall not tamper with the prosecution evidence. Sd/- [ D. G. KARNIK, J.]