C M Joshi, J
1. Heard the learned counsel for the appellant-accused and the learned HCGP for the respondent-State and the learned counsel for respondent No.2.
2. This appeal is filed by the accused No.2 in Crime No. 38/2024 of Babaleswhar Police Station. The appellant has approached this Court by filing
petition under Section 439 of the Code of Criminal Procedure read with Section 14-A of the SC/ST (POA) Act assailing the order passed by the
Special Court, rejecting the bail.
3. The factual matrix of the case is that on 15.03.2024 in the evening the complainant along with his wife Sunanda and his daughter, and son-in-law
had been to their land. By the side of his land, the land of the accused is situated. It was stated in the complaint that the complainant had grown
sugarcane and grapes and the crops were harvested but the dried waste of the crop had remained in his land. By the side of the land of the
complainant, the accused No.1 Mallappa had stored hay stack. The complainant, in the evening had put fire to the wastage of the crop which was in
his land and due to winds, the hay stack stored in the land of the accused also caught fire. Then all the accused No.1 to 6 came to the spot and started
abusing the complainant and they did not listen to the complainant even though he stated that he would restore the hay stack which had caught fire in
their land. It was alleged that the accused No.2 abused the complainant in filthy words by taking the name of his caste and with an intention to murder
him, pushed the complainant into the fire of the hay stack. Thereafter, complainant came out of the fire and then the accused No.3 again pushed him
into the fire. Then the wife, daughter and son-in-law of the complainant came to the spot and rescued him and many people had gathered and
thereafter the complainant was shifted the hospital in a ambulance. While the complainant was taking treatment in the hospital, his statement was
recorded and the FIR was registered in Crime No.38/2024 for the offences punishable under Sections 143, 147, 341, 307, 506 R/w Section 149 of
I.P.C. and Section 3(1)(r)(s), 3(2)(VA) of the Scheduled Castes and Schedule Tribes (Prevention of Atrocities) Act.
4. Now the accused No.2 has approached this Court seeking regular appeal on the ground that the injured is out of danger and there was only 16% of
burn injuries to the injured and that the charge sheet having been filed, the detention of the accused No.2 would be nothing but pre-trial punishment. It
is contended that the appellant is ready and willing to abide by the conditions that may be imposed b y this Court and therefore, he may be granted
regular bail.
5. Learned HCGP for the respondent No.1-State and the learned Counsel Sri.Prakash Jadhav appearing for the respondent No.2-complainant have
submitted that it was the accused Nos.2 and 3 who have had committed overt act in throwing the injured into the fire and therefore, there being prima
facie material against the appellant herein, the bail application deserves to be dismissed. Learned counsel appearing for the respondent No.2 has also
filed objection statement in this regard.
6. Having considered the submission made by the learned counsel on both sides, it is to be noted that the accused Nos.4 and 6 are already on bail
pursuant to the order passed by this Court in Criminal Appeal No.200104/2024. The accused No.1 and 5 were also granted anticipatory bail by this
Court in connected Criminal Appeal No.200106/2024. It is pertinent to note that the investigation is completed and charge sheet has been filed by the
investigating officer. Therefore, it would suffice that the presence of the appellant-accused No.2 is secured for the purpose of trial and detention
would be nothing but pre-trial punishment. So also, this Court had observed in the above mentioned appeals that there appears to be insufficient
material to establish the offence under Section 307 of the IPC. Considering the observations made by this Court at paragraph 11 of the judgment in
Criminal Appeal No.200104/2024 C/w Criminal Appeal No.200106/2024, it would be proper to grant regular bail to the accused No.2. Therefore, for
the above reasons, the criminal appeal deserves to be allowed. Hence, the following:
ORDER
The Criminal Appeal No.200175/2024 is allowed. The accused No.2 in Crime No.38/2024 of Babaleshwar Police Station is entitle for regular bail
subject to condition that he shall execute personal bond for a sum of Rs.1,00,000/- along with two sureties for the likesum to the satisfaction of the
Special Court and also subject to following conditions;
i) The accused No.2 shall not tamper the prosecution witnesses either directly or indirectly.
ii) The accused No.2 shall not indulge in any criminal activity during the pendency of the case.
iii) He shall appear before the Trial Court without fail, subject to just exceptions that may be permitted by the Trial Court.
