D.P. Sood, J.—92 persons belonging to Rajput community hailing from the village of the complainant have moved this application under section 439 read with section 482, Cr. P.C. for their release on bail pursuant to registration of a criminal case vide F.I.R. No. 61 of 1994 for tie commission of an offence under section 3 (i), (iii), (iv) and (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sections 426/462/506 and 147, I.P.C.

2. The complainant as also the petitioners hail from village Terala Hati Buchehr, Tehsil Nirmand, District Kullu, H.P. The dispute as it emerges from the contents of the complaint filed by Sohan Lai pertains to two communities in between them inter se. Complainant belongs to Harijan party whereas the petitioners hail from Rajput community. Case of the prosecution is that persons belonging to non-scheduled castes have been committing atrocities on the scheduled castes from the very beginning. The complainant party belonging to Scheduled Castes have stopped removing of carcasses which act on their pare has offended the Rajput community of their area. It is alleged that on 17-6-1994 at about 11 a.m. one Prem Singh belonging to Scheduled Caste community had gone to offer flowers to Devta Terala He had entered into the premises of the said devta and it was noticed by Devinder Singh, one of the petitioners. Said Devinder Singh is Pradhan of Gram Panchayat of the area He immediately appeared there and slapped the boy twice or thrice and stated that you Dagi, how you dared to offer flowers and touch the devta and further declared that he will set them right so that in future none of the persons belong to Scheduled Caste may dare to do so. It is also alleged that S/Shri Jati Ram and Pidu Ram witnessed the occurrence and they took Prem Singh to their home. It is alleged that the intention of this act on the part of the aforesaid petitioner was to prevent Scheduled Caste persons from offering flowers and prayers to the devta, who as per custom had come in the house of devta on the relevant date and time. The complainant then alleges that he had also brought drinking water to his house through acanthine pipe from one Nala Further the prosecution case is that thereafter the petitioner alongwith other persons of his community (other petitioners) formed an unlawful assembly with the intention to kill the complainant and his family and daid Prem Singh by destroying their building by fire. It is also alleged that after having assembled there, the petitioners with the intention to intimidate and humiliate the complainant and his family members publically declared in the following words which are narrated verbatim : "TUM DAGI GHAR SE BAHAR NIKLO. HAM TUMHARE GHAR JALA DENGE. TUM BAHUT SIR PAR CHARH GAYE HAIN. INKI AURTON KI IZZAT LOOT LO. INKE GHARON KO LOOT LO. AAZ HAM 1NHEN JAAN SE MAAR DALENGE." They openly challenged that you Dagi come out of your house, that they would bum their residential houses as they had crossed the limits. of bounds ; that let us rape their females and loot them as also kill them. It is alleged that the complainant party hearing the open declaration so made by the accused persons ran away from their houses from the back side towards jungle, hit them there for the whole night. Other allegations are with respect to the conduct of the petitioners in having burnt the alkathene pipe by pouring kerocine oil etc. besides looting their belongings in the form of Thalis, glasses, cookers, Katoris, blakets etc. and burning not only the house but other articles placed inside. Jt is also alleged that these deeds of the petitioners were intentional with a view not only to humiliate the complainant publically but also to cause substantial pecuniary and mental loss to them. It has also been complained of that they had reported the matter to the police but because of their inaction, Sohan Lai complainant had to file the complaint before the Court of Sub-Divisional J