Ranga @ Mayappa Mhalappa Mane and Anr. vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Ranga @ Mayappa Mhalappa Mane and Anr. vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest, the Appellants to be released on bail in Crime No.576 of 2024 (Mangalwedha Police Station) on a P.R. Bond of Rs.30,000/- each with one or two sureties each in the like amount, subject to conditions that they attend the concerned Police Station as and when required and shall not contact/influence or threaten or pressurize the complainant or otherwise tamper with prosecution evidence/witnesses.

Issue for consideration

Whether the Appellants, apprehending arrest in Crime No.576 of 2024 registered with Mangalwedha Police Station for offences under the Bhartiya Nyaya Sanhita, 2023 and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, are entitled to be released on bail in the event of arrest, the learned Special Judge having rejected their anticipatory bail application. +1 more

Court's answer

The Appeal is allowed; in the event of arrest, the Appellants are to be released on bail in Crime No.576 of 2024 registered with Mangalwedha Police Station on executing a P.R. Bond in the sum of Rs.30,000/- each with one or two sureties each in the like amount.

Ratio / Principle

On perusal of the FIR, the Court found that the allegations against the Appellants and co-accused are that they called the First Informant out of his house, abused him on caste and assaulted him with fist and kick blows; there are specific allegations of abuse on caste, though the allegations are in chorus.

Key takeaways

As a condition of bail, the Appellants shall attend the concerned Police Station as and when required.ratio¶30
As a condition of bail, the Appellants shall not contact, influence, threaten or pressurize the complainant or otherwise tamper with the prosecution evidence or witnesses.ratio¶31

Detailed headnote1 paragraphs

Bombay High Court, Criminal Appeal No.1089 of 2024 (Shivkumar Dige, J.; decided 29 April 2025): The Appellants, apprehending arrest in Crime No.576 of 2024 of Mangalwedha Police Station for offences under Sections 118(1), 115(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3(1)(R)(S), 3(2)(V) of the Scheduled Tribes (Prevention of Atrocities) Act, 1989, challenged the learned Special Judge's rejection of their anticipatory bail application. Counsel for the Appellants contended false implication, that the incident did not occur in public view (the First Informant's house being in agricultural land), and that there were no specific allegations of caste abuse against them, the allegations being in chorus. Perusing the FIR, the Court found specific allegations that the Appellants and co-accused called the First Informant out of his house, abused him on caste and assaulted him with fist and kick blows, though in chorus. Allowing the appeal, the Court directed that in the event of arrest the Appellants be released on bail on a P.R. Bond of Rs.30,000/- each with one or two sureties each in the like amount, conditioned on attending the concerned Police Station as and when required and abstaining from contacting, influencing, threatening or pressurizing the complainant or tampering with prosecution evidence/witnesses.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1089 OF 2024

Ranga @ Mayappa Mhalappa Mane and anr. … Appellants Vs.

The State of Maharashtra and anr. … Respondents

Mr. Mrinal Sharma h/f Mr. Mithilesh Mishra, Advocates for the Appellants. Mr. Sameer M. Mangaonkar, APP for the State/the Respondent No.1. Mr. Sushan Mhatre, Advocate for the Respondent No.2.

CORAM : SHIVKUMAR DIGE, J. DATE : 29 APRIL, 2025.

P.C. :

The learned Special Judge has rejected the anticipatory bail application of the Appellants. The Appellants apprehending arrest in Crime No.576 of 2024 registered with Mangalwedha Police Station for the

offences punishable under Sections 118(1), 115(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and under Section 3(1)(R) (S), 3(2)(V) of the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Digitally signed byPRIYA PRIYARAJESHSOPARKAR RAJESHSOPARKARDate: 2025.05.05 14:38:05 +0530

It is prosecution’s case that on 15^th August, 2024 when First Informant was present in his house, at that time Appellant and co-accused

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Priya R. Soparkar

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came there and called him outside his house and abused him on his caste on the ground of grazing cattle issue.

It is contention of the learned counsel for the Appellants that Appellants have been falsely implicated in this case. The incident was not happened in public view. The house of the First Informant is situated in agricultural land, so it cannot be considered as public view. Learned counsel further submitted that there is no allegation of abuse. There are no specific allegations against Appellants to abuse on caste to First Informant. The said allegations are in chorus. The Appellants are on interim relief. They have co-operated with the investigation, hence, requests to allow the appeal.

It is the contention of the learned counsel for the Respondent No.2 that the Appellants had gone to the house of the First Informant, called him out of the house and abused him on his caste and assaulted him with fist and kick blows. If Appellants released are on bail, they may threat prosecution witnesses and First Informant and requests to dismiss the appeal.

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Priya R. Soparkar

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I have heard both learned counsel. Perused FIR and documents produced on record.

In FIR allegations against the Appellants and co-accused are that they called First Informant out of his house and abused him on caste and assaulted him with fist and kick blows. There are specific allegations on abuse on caste. It is in chorus.

Considering these facts, I pass the following order:-

ORDER

(i) The Appeal is allowed.

(ii) In the event of arrest, the Appellants be released on bail in Crime No.576 of 2024 registered with Mangalwedha Police Station, on executing a P. R. Bond in the sum of Rs.30,000/each with one or two sureties each in the like amount.

(iii) The Appellants shall attend the concerned Police Station as and when required.

(iv) The Appellants shall not contact/influence or threaten or pressurize the complainant or otherwise tamper with the prosecution evidence/witnesses.

(v) All pending Applications, if any, are disposed of.

(SHIVKUMAR DIGE, J.)

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Priya R. Soparkar