[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.1819 OF 2008 1. Rawaji/Bala Laxman Valanju (name of applicant no.1 is deleted as per Court’s order dated 11.6.2008) 2. Ravindra/Bala Kantilal Jathar 3. Shrikant Shrikrishna Varunkar 4. Pradip Yashwant Ghadi 5. Mahesh Shivram Mudras 6. Dilip Chimaji Talekar 7. Gajanan Tukaram Sawant, 8. Vinay Keshav Pawaskar, 9. Ulhas Dilip Kalyankar ...Applicants Vs. The State of Maharashtra ..Respondent ... Mr.A.P.Mundargi Senior Advocate with Mr.Datta Pawar i/b A.S.Khandeparkar Advocate for Applicants Mr.S.S.Pednekar APP for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 21, 2008 DATE : JULY 21, 2008 DATE : JULY 21, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicants and the learned A.P.P. for the State. [-2-] 2. The applicants are seeking anticipatory bail in CR No.78 of 2008 of Kankavali Police Station, Dist.Sindhudurg. The said case is mainly under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. 3. The prosecution case is that accused along with 9 other accused came to the spot abused the complainant with reference to his caste. The complainant was also beaten by the accused persons. The medical certificate of the complainant shows that injury was simple in nature. 4. I have perused the FIR. It is seen that the caste of the accused persons is not stated by the complainant in the said FIR. It is noticed that the complainant has not stated anywhere that the accused persons do not belong to Scheduled Caste or Scheduled Tribe. 5. Useful reference can be made to the decision of this Court in the case of Ashabala Ganeshrao Khote Ashabala Ganeshrao Khote Ashabala Ganeshrao Khote & Anr. Vs. State of Maharashtra & Anr. Vs. State of Maharashtra & Anr. Vs. State of Maharashtra, reported in 1992(2) Mh.L.J. page-36 1992(2) Mh.L.J. page-36 1992(2) Mh.L.J. page-36, wherein this Court has [-3-] held that Section 3 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, contemplates that the prosecution must establish that accused was not member of scheduled caste or scheduled tribe and the person aggrieved was the member of scheduled caste or scheduled tribe. This is the important ingredient to establish offence under Section 3 of the Act. There must be specific material with respect to both these aspects. 6. In the present case, the complainant in her FIR has not stated the caste of the accused persons. To attract the provisions of Section 3(1)(x) and 3(1)(xi) of the Act, the complaint has not only to reveal the caste of the person who is sought to be insulted or intimidated or humiliated but he should also disclose that such person belongs to a Scheduled Caste or a Scheduled Tribe and simultaneously the complaint should also reveal that the person who is accused of commission of such offence does not belong either to a Scheduled caste or to a Scheduled Tribe. It is only when the accusation with an intention to insult or intimidate or to humiliate has been made by a person not belonging either to a Scheduled Caste or [-4-] a Scheduled Tribe and addressed to the person belonging to a Scheduled Caste or a Scheduled Tribe, only in that case, he could be said to have committed an offence under section 3(1)(x) or 3(1)(xi) of the said Act and not otherwise. Obviously, therefore, if the complaint does not disclose that the accused person do not belong to Scheduled Caste or Scheduled Tribe, it would not disclose an offence in terms of the said sections. 7. In the present case, the complaint is totally silent about the caste of the accused persons. Since prima facie the FIR in this case does not disclose the necessary particulars for making out an offence under Section 3 of Atrocities Act, the bar under section 18 of the said Act would not be attracted. In this prima facie view of the matter, since the other allegations relate to bailable offences, I am inclined to grant anticipatory bail to the applicants. 8. In the event of arrest, each of the applicant nos.2 to 9 i.e. applicant nos.2-Ravindra/Bala Kantilal Jathar, 3-Shrikant Shrikrishna Varunkar, 4-Pradip Yashwant Ghadi, 5-Mahesh Shivram Mudras, [-5-] 6-Dilip Chimaji Talekar, 7-Gajanan Tukaram Sawant, 8-Vinay Keshav Pawaskar and 9-Ulhas Dilip Kalyankar be released on bail in the sum of Rs.25,000/- each (Rs. twenty five thousand only) with one or two sureties to make up the said amount. The applicants shall report to Kankavli Police Station once in a fortnight till the conclusion of the trial. 9. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]