1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3541/2011 1. Venkati s/o Maruti Pawade. 2- Abu @ Ganesh s/o Sambhaji Pawade. Both r/o Wadi (Bk), Taluka and District Nanded. Applicants [orig. accused.] V E R S U S The State of Maharashtra and another. Respondents *** Mr. P.R.Katneshwarkar, Advocate for applicants. Mr.B.V.Wagh, A.P.P. for the respondents. .... CORAM : SHRIHARI P. DAVARE,J. DATE : 23 rd AUGUST, 2011. PER COURT : 1. Perused investigation papers, which were made available by the learned A.P.P. for the inspection purpose, 2 as well as heard learned respective counsel for the parties, finally. 2. This is an application preferred by the applicants, seeking anticipatory bail, apprehending their arrest under Crime No.96/2011, registered at Bhagya Nagar Police Station, District Nanded, for the offences punishable under sections 323, 324, 325, 336, 504, 506 r/w 34 of Indian Penal Code and Section 3 (1) (x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. It appears that offence has been registered on the basis of the complaint lodged by Digambar Dattaram Buvatare, on 9.4.2011, in respect of the occurrence of the incident at about 10.00 am on the said day. It appears from the contents of the First Information Report and investigation papers that names of the applicants no. 1 3 and 2 have been reflected in the First Information Report and specific roles have been attributed to them, during the occurrence of the incident and applicant No.1 Venkati threw stones towards complainant’s wife namely Ranjana which was hit on her hand and he assaulted her by leg kicks and fist blows as well as applicant No.1, assaulted complainant’s son namely Amol by sword and thereby he sustained injury. Applicant No.2 Abu Pawade gave a blow of bat on the face of the complainant’s daughter and thereby her two teeth were dislodged. Moreover, when the complainant intervened in the said assault, he also was given blow of sword on his nose and thereby he sustained abrasion on his nose. Moreover, applicant nos.1 and 2 gave abuses to the complainant and his family members and threatened to kill them, if they lodged the complaint with the police station. 4 4. The injury certificate of complainant discloses incised wound and other injuries and injury certificate of daughter of complainant namely Priyanka discloses that she sustained half broken in jaw teeth and two incised wound and injury certificate of Ranjana discloses injury on her right wrist. 5. Apparently, the investigation is under progress and the bat and sword are yet to be recovered. Moreover, considering the accusations made against the applicants and nature and gravity thereof and seriousness of the incident, it is apparent that, the custodial interrogation of applicant is necessary for further progress in the investigation, and hence, present application deserves to be rejected. 6. In the result, present application stands dismissed and disposed of, finally. These observations are 5 the primafacie in nature, same may not be used in any other matter, being decided on merits. (SHRIHARI P. DAVARE) JUDGE aaa/3541.11 ****