IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1450 OF 2009 CRIMINAL APPLICATION NO. 1450 OF 2009 CRIMINAL APPLICATION NO. 1450 OF 2009 Rukmini Vitthal Kavade ...Applicant (Orig.Accd.No.2) vs. The State of Maharashtra ...Respondent Mr.S.V. Marwadi for the Applicant. Mr.S.R. Shinde, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 30, 2009 DATED : MARCH 30, 2009 DATED : MARCH 30, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. An offence has been registered against the present applicant under Sections 3(1)(10), 6, 7(1)(d), 10 of SC & ST Act and under Sections 323, 504, 506, 34 of the IPC. The applicant’s husband has been released on bail by the Sessions Court by order dated 19th March, 2009. The complainant in her complaint has alleged that the applicant called her son Mahadeo in the evening, however, instead of Mahadeo, the complainant’s daughter responded to the said call. Being annoyed by this, the applicant had a quarrel with the complainant and in this - 2 - quarrel, it is alleged that she called her in the name of her caste and abused her. 3. I have perused the complaint. The complaint discloses that the incident happened near the house of the complainant and the applicant and it did not take place in a public place. Looking at the nature of the allegations which are made in the complaint, in my view, prima facie case does not disclose commission of offence under Sections 3(1)(10), 6, 7(1)(d), 10 of the SC & ST Act. The complaint discloses that it was quarrel between the two neighbours on account of reply given by the daughter of the complainant. Prima facie, therefore, in my view, since the offence has not taken place in a public place, the said provisions are not attracted and therefore, the application for anticipatory bail is maintainable in view of ratio laid down by this Court in the case of Ramchandra Govindrao Ramchandra Govindrao Ramchandra Govindrao Watkar, reported in 1995 (2) Mh.L.J. 669. Watkar, reported in 1995 (2) Mh.L.J. 669. Watkar, reported in 1995 (2) Mh.L.J. 669. Possibility of a false complaint being lodged also cannot be ruled out. Custodial interrogation also in such type of offences is not necessary. - 3 - 4. In the event of the applicant’s arrest in connection with C.R.No.3/2009 registered with Tembhurni Police Station, Solapur, for the aforesaid offences, the applicant be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station as and when called. The concerned Investigating Officer shall call the applicant only between 11 a.m. and 2 p.m. whenever called. 5. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)