1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2205 OF 2009 Ranakant Chandrarao Sawant .. Applicant V/s. The State of Maharashtra & Ors. .. Respondents Mr.Abad Ponda, Mr.Khalif Khan, Mr.Bharat Narahar Prabhu i/b.Gangadhar J.Sabnis for the Applicant. Mr.H.J.Dedhia, A.P.P.for the State. CORAM : VACTION JUDGE A.R.JOSHI, J. DATED : MAY 11TH, 2009. P.C. HearD learned counsel Mr.Ponda for the applicant, for some time. Also heard the learned A.P.P. for the State. 2. It is the application for anticipatory bail preferred by the applicant apprehending his arrest in Sawantwadi police station in C.R.No.3010 of 2009. Said F.I.R. was lodged under compliant of one Smt.Laxmi Shankar Jadhav belonging to the Scheduled Caste. According to the F.I.R., it appears that on 20th April, 2009 at about 10.30 a.m.when she was proceeding along the road alongwith her two 2 other lady companian Gautami Jadhav and Pramila Jadhav both also of the same caste as that of the complainant. On their way they were accosted by the applicant while he was on the motor cycle and abused them on their caste and gave threats of dare consequences. After the incident, applicant left the spot and complainant went to one shop for the purpose of purchase of some grocery and narrated the incident to said shop keeper. 3. At this juncture, it must be mentioned that said shop keeper is Defendant No.3 in the suit for injunction filed by present applicant before C.J.J.D., at Sawantwadi. Incidentally, it may be mentioned that said suit was filed by the applicant restraining the Defendants including then Sarpanch of local Gram Panchayat and also said Defendant No.3 from entering upon the property belonging to the applicant. Also admittedly, another similar suit for injunction came to be filed by the applicant against the workers who were employed by the Gram Panchayat for construction of a road on the property of the applicant. 4. Now coming to the incident of 20th April, 2009, it appears that according to the first informant said abuse of use of the language insulting and humiliating her on her cast occurred when she and her two accompanied women were the only persons present on the road and that it was subsequently disclosed by her to the shop keeper and thereafter to her family members after going home. 3 5. Specifically, pointing out such specific mention in the complaint, it is argued on behalf of the applicant by taking shelter of the ratio propounded by following authorities: “2005 ALL MR(Cri) 1948 Pradnya Pradeep Kentkare & Anr. V/s. The State of Maharashtra AND 2006 ALL MR(Cri) 3197 Balu s/o.Bajirao Galande V/s. The State of Maharashtra & Anr.” that here it is a matter in which on the face of the allegation there cannot be attraction of provisions of section 3(1)(x) of the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989, in as much as such alleged incident was not in the public view and that there was no any eye witness to see and/or hear such derogatory statement as alleged against the applicant. It is also argued that if on the face of the documents and as per the case of the complainant herself if the provisions for the offence punishable under section 3(1)(x) are not applicable, then, the application for anticipatory bail can be entertained, and as such said relief can be granted, further argued. 6. During the arguments, it is conceded on behalf of the State 4 that, though, the alleged incident occurred on the public road, it was not within the view of any independent third person except in the presence of two associate ladies of the complainant and who were also of the same caste as that of the complainant. 7. Considering the above factual position, in the opinion of this Court, bar envisaged by section 18 of Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act 1989 cannot come in the way for grant of the present anticipatory bail and as such the present application is allowed with following order : :: O R D E R :: i. In the even of the arrest of the applicant in Sawantwadi police station C.R.No. 3010 of 2009, the applicant shall be released on bail on his executing a P.R.Bond in a sum of Rs.15,000/- with one surety for the like amount. ii. It is made clear that the observations made in the present bail application shall not be construed as the opinion on the merits of the case which can be dealt with by the Special Court appropriately on the material that would be brought before it. iii. In the event of arrest and availing the bail as 5 above, applicant shall attend Sawantwadi Police Station once in two weeks on Monday between 10.00 a.m. to 12.00 noon, till the filing of the charge sheet or for the period of two months, whichever is earlier. iv. With these directions, the anticipatory bail application is disposed of. (A.R. JOSHI, J.)