Mumbai: The Bombay High Court has recently rejected an appeal filed by an advocate after his anticipatory bail was rejected three times in a case of atrocities against a woman.
A Division Bench of Justice V.K. Tahilramani and Justice Sandeep Shinde was hearing the appeal filed by Mahadev Titthal Jagadale against the order of the Pune Sessions Court on May 4, 2017.
As per the FIR, Mr. Jagadale abused the mother of the complainant (Adinath Bhise) in relation to her caste. He also put his hand on her chest and pushed her into a corner and held her there.
A case was registered under Section 448 (punishment for house trespass), Section 354 (assault or criminal force to woman with intent to outrage her modesty), Section 380 (theft in dwelling house), Section 342 (punishment for wrongful confinement), Section 427 (mischief causing damage to the amount of ₹50), Section 504 (intentional insult with intent to provoke breach of the peace), and Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.
He was also charged for wrongfully dispossessing a member of a scheduled caste or scheduled tribe from his land, intentionally insulting or intimidating with intent to humiliate, abusing the member in public view, using words, acts or gestures of a sexual nature towards a woman, and forcing or causing a member to leave the house, under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, also referred as the atrocities Act.’
Mr. Jagadale had approached the Sessions Court seeking anticipatory bail, which was rejected. He then moved the HC and the plea was turned down by Justice A.M. Badar on July 20, 2016. He had again moved the Sessions Court on May 4, 2017, after which he came before this Division Bench.
The Bench said perusal of the FIR clearly makes out an offence under the atrocities Act, and anticipatory bail cannot be granted.
