( 1 ) cria4608.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4608 OF 2011 Mahesh Ambadas Mandawale .. Applicant Versus The State of Maharashtra .. Respondent Mr. K.S. Bhore, Advocate for the applicant. Mr. B.J. Sonawane, A.P.P. for the respondent/State. CORAM : R.Y. GANOO, J. DATED : 15.11.2011 P.C. :- 1. Heard learned advocate for both sides. Present applicant is alleged to have involved in Crime No. 101 of 2011 of Tuljapur Police Station, Dist. Osmanabad, under section 376, 363, 366(A) r/w 34 of the I.P.C. along with provisions of Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to the complainant – Reshma, co-accused Ram is alleged to have committed sexual intercourse with her against her wish and according to said Reshma, present applicant assisted ( 2 ) cria4608.11 him and was present at or about the time when sexual intercourse was being committed by Ram. This applicant has not protested in regard to overtact of said Ram. It is true that though this applicant did not have sexual intercourse, his presence at the time when sexual intercourse was committed on said Rashma, speaks volume about his conduct and his frame of mind. Said Reshma belongs to Pardhi community and on account of aforesaid overtact on the part of Ram, the provisions of Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are attracted. Looking to the nature of allegations, same are found to be serious and as such present applicant cannot get bail. His bail application requires to be rejected and is accordingly rejected. [R.Y. GANOO, J.] snk/2011/NOV11/cria4608.11