Sandesh Ramesh Madane and Anr. vs the Senior Police Inspector and Ors. — Bombay HC (2025) — LawSathi Research

Sandesh Ramesh Madane and Anr. vs the Senior Police Inspector and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed. The order dated 27.11.2024 passed by this Court (Coram: Sandeep V. Marne, J.) is confirmed; the appellants are directed (i) not to contact the victim and prosecution witnesses, and (ii) to attend the police station as and when required.

Issue for consideration

Whether the appellants, who apprehend arrest in C.R.No. 1009 of 2024 (Phaltan Police Station, Satara) under BNS 2023 and SC/ST (Prevention of Atrocities) Act provisions, are entitled to protection from arrest - i.e., whether their custodial interrogation is required - given that the allegations against them are common/general rather than specific.

Court's answer

On a reading of the FIR, the allegations of abuse on caste are made against all the accused collectively; they are common allegations, and there is no specific allegation against the appellants that they abused the first informant on his caste.

Ratio / Principle

Since the appellants had been on interim relief for three months and had cooperated in the investigation, their custodial interrogation is not required.

Detailed headnote1 paragraphs

Anticipatory-arrest protection appeal (Bombay High Court, Criminal Appeal No. 1235 of 2024, Shivkumar Dige, J., decided 13.03.2025) concerning FIR C.R.No. 1009 of 2024 of Phaltan Police Station, Satara, alleging offences punishable under Sections 189(2), 191(2), 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s), 3(2)(va) and 6 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, arising from alleged caste abuse and fist-and-kick assault on the first informant on 12/13 October 2024. Held: the FIR's caste-abuse allegations are common against all the accused and there is no specific allegation of caste abuse against the appellants; the appellants had been on interim relief for three months and had cooperated in the investigation; their custodial interrogation was therefore not required. The order dated 27.11.2024 of Sandeep V. Marne, J. was confirmed, with directions that the appellants shall not contact the victim or prosecution witnesses and shall attend the police station as and when required.

35-APEAL-1235-2024 (CR).doc

S.S.Kilaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION

CRIMINAL APPEAL NO. 1235 OF 2024

1 Sandesh Ramesh Madane

2 Vinayak Krushna Madane …. Appellants

Versus

The Senior Police Inspector and Ors. …. Respondents

Mr. Mateen Shaikh a/w. S. V. Kshirsagar, Mr. Umair Ahmad and Ms.Muskan, Advocates for the Appellants. Mr. Kiran C. Shinde, APP for the State. Mr. Ankur Pahade, Advocate for Respondent No.2. PSI – M.E.Patil, Phaltan Rural Police Station, Satara present.

CORAM : SHIVKUMAR DIGE, J. DATE : 13^th MARCH, 2025.

P.C. :

By this appeal, appellants are apprehending arrest in C.R.No. 1009 of 2024 registered with Phaltan Police Station, Satara for the offence punishable under Sections 189(2), 191(2), 115(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and under Sections 3(1) (r), 3(1)(s), 3(2)(va) and 6 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is prosecution’s case that on 13.10.2024, the community member of the first informant had inter-caste marriage with village girl, on that account villagers were angry on first informant and his community

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35-APEAL-1235-2024 (CR).doc

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member.

It is alleged that on 12.10.2024, at around 9:00 p.m. and on 13.10.2024 at around 8:00 a.m. the appellants and co-accused abused the first informant on his caste and assaulted him with fist and kick blows.

It is contention of learned counsel for the appellants that appellants have been falsely implicated in this case. There are no specific allegations against the appellants that they abused the first informant on his caste. There are common allegations. The appellants are on interim relief for three months. They have cooperated in the investigation, hence requested to allow the appeal.

It is contention of learned APP along with learned counsel for respondent No.2 that the appellants and co-accused have assaulted the first informant with fist and kick blows and abused him on his caste on two occasions. Considering the allegations against the appellants their custodial interrogation is required and requested to dismiss the appeal.

I have heard all learned counsel. Perused FIR and documents produced on record. The allegations against the appellants are that they along with co-accused abused the first informant on his caste and assaulted him with fist and kick blows. It appears from FIR that allegations of abuse on caste are made against all. It is common allegations. There is no specific allegations against the appellants that they abused the first

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informant on his caste. The appellants are on interim relief for three

months. They have cooperated in the investigation hence their custodial

interrogation is not required and I pass following order.

ORDER

i. The Order dated 27.11.2024 passed by this Court

(Coram: Sandeep V. Marne, J.) is hereby confirmed.

ii. The appellants shall not contact the victim and prosecution witnesses.

iii. The appellants shall attend the police station as and when required.

( SHIVKUMAR DIGE, J.)

SONALISATISHKILAJE Digitally signedby SONALISATISH KILAJEDate:2025.03.1814:23:22+0700

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