K.K. SONAWANE, J.

1. Heard. Admit. The appeal is taken up for final hearing on merit with the consent of both parties.

2. Present appeal is directed against the impugned order of rebuffing the relief of pre-arrest bail of the appellants in Crime No. 187 of 2018 registered with Bori Police Station, Taluka Jintur, District Parbhani under Sections 354-A, 504, 506 of the Indian Penal Code (IPC) and Section 3(1)(w)(i)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter, referred to as "Act of 1989" for the sake or brevity). The appellants preferred present appeal by invoking remedy under Section 14-A(2) of the Act of 1989.

3. The prosecution case in nut-shell is that, on 19-12- 2018, the complainant Nilawatibai Maroti Jogdand visited the Police of Bori Police Station, Taluka Jintur, District Parbhani, and filed report that on 17-12-2018 in the night at about 9.15 p.m. she accompanied with her younger daughter Laxmi after enjoying the meal, both went to bed. But, somebody else knocked the chain of door of her house. She opened the door and saw that appellants Nitin Sampatrao Maske and Baliram Ganesh Raut were standing in front of door. Complainant asked about the cause of their arrival at her house. It has been alleged that appellant Baliram with ill-intention caught her hand and made demand for physical relation. But, the complainant refused to yield their overtures. The appellants hurled abuses on her caste saying "Mangte". Meanwhile, younger daughter Laxmi woke-up and came there and on seeing the daughter, appellants went away.

4. Pursuant to FIR of complainant Nilawatibai Jogdand, Police of Bori Police Station registered the Crime No. 187 of 2018 for the offence punishable under Sections 354-A, 504, 506 of the IPC and Section 3(1)(w)(i)(ii) of the Act of 1989, and set the penal law in motion. The appellants, apprehending their arrest in the present crime, filed the application before the learned Additional Sessions Judge, Parbhani, for their pre-arrest bail bearing Criminal Misc. Application No. 01 of 2019 under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.). But, learned Additional Sessions Judge found reluctant to nod in favour of applicants-appellants of their pre-arrest bail by exercising powers under Section 438 of the Cr.P.C. Learned trial Court held that in view of statutory bar under Sections 18 and 18-A of the Act of 1989, Sessions Court has no jurisdiction to entertain the application for anticipatory bail. Eventually, learned Additional Sessions Judge rejected the application of appellants for anticipatory bail and passed the impugned order, the validity, propriety and correctness of which is agitated in the present appeal.

5. Mr. Ghatol-Patil, learned counsel for the appellants vehemently submitted that the appellants have not committed any crime as alleged by the prosecution, but they are falsely implicated in this case. According to the learned counsel, complainant- first informant started construction of toilet at her house and she was in a need of bullock-cart for carrying sand from the river bed. But, appellants did not allow for the same as excavation of the sand at Dudhana river was strictly prohibited by revenue personnel. The complainant became furious and she had given threat to implicate appellants by filing complaint under the Atrocities Act. The family members of the appellants also approached to the Bori Police Station on 19-12-2018 and requested to restrain the complainant-first informant from doing any illegal activities. However, taking umbrage of the same, complainant preferred the present complaint, which is false baseless and concocted one. Learned counsel explained the circumstances in detail and submits that the allegations would not attract the provisions of the Act of 1989. Therefore, he requested to entertain the appeal and grant the relief of pre-arrest bail to the appellants in this case.

6. Learned APP for respondent No.1 an