Digitally signed by UDAY UDAY SHIVAJI SHIVAJI JAGTAP Uday S. Jagtap JAGTAP Date:

2025.02.24

12:23:19 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 829 OF 2023 Nilam Ganesh Shivale .. Appellant Vs.

The State of Maharashtra & Anr. .. Respondents ….

Mr. Veerdhaval Kakade for the appellant Mr. S.H. Yadav, APP for the respondent – State Mr. Jugal Kanani, appointed advocate for the respondent no.2 ….

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 18th FEBRUARY, 2025.

ORDER :-

1. This is an appeal challenging an order of rejection of pre-

arrest bail of the appellants by the Additional Sessions Judge.

2. The appellant is being prosecuted by the Shikrapur Police Station in respect of Crime No. 544 of 2023 for the offences punishable under Sections 324, 323, 504, 506 r/w 34 of the Indian Penal Code and under Sections 3(1)(r), 3(1)(s) and 3(2)

(va), of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “SC ST Act”).

3. Briefly stated it is the case of the prosecution that the complainant and the accused are neighbours since last 25 years. The complainant stays with her 22 years old daughter Aparna, 18 years old daughter Nikita and son Bhavesh aged 16 years. It is alleged that on 10.06.2023 around 08.30 p.m. the sons of neighbour namely Ganesh Shivale were playing football on the road. Daughter of the complainant namely Suvarna, who was in the 9 month of her pregnancy was taking a walk in front of the house. The complainant had an apprehension that in case if the football hits her pregnant daughter, she might get injured. She, therefore, asked the wife of Ganesh Shivale namely Nilam Shivale to instruct her sons not to play the football as she has apprehension qua her pregnant daughter. It is alleged that Nilam Shivale thereupon abused and insulted the complainant on her caste by saying “jLrk rq>;k ckikpk vkgs dk] mijs ekaxkps] Vksiy ?ksowu fHkd ekxk;yk vkyh dk- rqeP;k ?kjh rqEgkyk dkgh [kk;yk vkgs dk” . Thereafter, Nilam Shivale assaulted the complainant by means of a plastic pipe resulting into injuries on her back. Children of the complainant namely Aparna, Nikita and son Bhavesh came for rescue.

4. Thereafter, Nilam Shivale called her husband Ganesh Shivale and brother Muthya. Thereafter, Ganesh Shivale, Nilam Shivale and her brother Muthya arrived at the scene and thereafter dashed the motorcycle to the leg of the complainant and also assaulted her with fist and kick blows. When Aparna, Nikita were trying to rescue the complainant from the clutches of the accused, they too were pushed aside. Ganesh Shivale and Mukhya thereafter kicked on the door of the complainant and uttered “vkjs ekaxkP;kauks rqEgkyk y; ekt vkyk; dk”. The pregnant daughter of the complainant had giddiness and, therefore, she was taken to the Inamdar Hospital at Koregaon Bhima, where she was admitted. The husband of the complainant arrived at 11.00 a.m. and, thereafter they lodged a report with Shikrapur Police Station.

5. At the outset, learned Counsel for the appellant vehemently argued that the appellant had no intention to humiliate the complainant or her family members. There was no question of committing any offence under the Atrocities act as it was a quarrel which admittedly triggered due to the fact that the children of the appellant were playing football. Learned Counsel for the appellant would argue that the bar under Section 18 of the Atrocities Act will not be applicable in this case since no prima facie case is made out. He also emphasized on the fact that the FIR came to be lodged on the next date i.e. almost 24 hours and, therefore, there is an element of after thought. Learned Counsel for the appellant invites my attention to the FIR which clearly depicts a prima facie case.

6. At the outset, it is not in dispute that the first informant – Maya Waghmare and the appellant are neighbours. There is no dispute that there was a quarrel. There is no dispute about the assault upon t