Prabhakar Ramchandra Desai vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

Prabhakar Ramchandra Desai vs the State of Maharashtra and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal allowed: the interim order dated 13.08.2024 passed by this Court (Sandeep V. Marne, J.) is confirmed; the Court held that custodial interrogation of the appellant is not required; the Trial Court is directed to decide the matter on its own merits and in accordance with law, uninfluenced by the observations in this order.

Issue for consideration

Whether the appeal against the Special Judge, Kalyan's order dated 09.08.2024 rejecting the appellant's Anticipatory Bail Application (alleged offences under Sections 3(1)(za)(A), 3(1)(zc), 3(1)(za)(e), 3(1)(u)(p)(q) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989) deserves to be allowed. +1 more

Court's answer

The interim order dated 13.08.2024 passed by this Court (Coram: Sandeep V. Marne, J.) stands confirmed, disposing of the appeal in the appellant's favour.

Ratio / Principle

Having regard to the WhatsApp message sent by the first informant to the appellant — in which the informant stated he did not know whose number it was and which contained no reference to any caste-based abuse — together with the seven-day delay in filing the FIR, the alleged act attributed to the appellant does not make out the offence; custodial interrogation of the appellant is not required.

Key takeaways

Protective direction: the Trial Court shall not be influenced by the observations made in this order and shall decide the matter on its own merits and in accordance with law.obiter¶33

Detailed headnote1 paragraphs

Bombay High Court (Shivkumar Dige, J.), Criminal Appeal No. 858 of 2024, decided 26.02.2025 — Allowed. Prabhakar Ramchandra Desai, Chairman of Dombivali Shikshan Prasarak Mandal (which runs K.V. Pendharkar College of Arts, Science and Commerce), appealed against the Special Judge, Kalyan's order dated 09.08.2024 rejecting his Anticipatory Bail Application in a case under Sections 3(1)(za)(A), 3(1)(zc), 3(1)(za)(e), 3(1)(u)(p)(q) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, founded on allegations that on 18.06.2024 he abused respondent No.2 (Assistant Professor and first informant) on caste over a WhatsApp call and had him barred from entering the college. Relying on the informant's own WhatsApp reply — stating he did not know whose number it was and containing no reference to caste abuse — and the seven-day delay in filing the FIR, the Court held that the alleged act does not make out the offence and that custodial interrogation of the appellant is not required. The Court confirmed its interim order dated 13.08.2024 (Sandeep V. Marne, J.) and directed the Trial Court to decide the matter on its own merits, uninfluenced by these observations.

45-APEAL-858-2024 (CR).doc

S.S.Kilaje

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 858 OF 2024

Prabhakar Ramchandra Desai … Appellant Versus State of Maharashtra and Anr. ... Respondents

Mr. Sanjeev Kadam, Senior Advocate a/w. Ms. Anjali Purav, Advocates for the Appellant.

Smt. Poonam P. Bhosale, APP for the State.

Mr. Sagar S. Tambe, Advocate for Respondent No.2. (Appointed Advocate) API – Eknath Paulbudhe, Manpada Police Station present.

CORAM : SHIVKUMAR DIGE, J. DATED : 26^th FEBRUARY, 2025.

P.C. :

This appeal is preferred against the order date 09.08.2024 passed by

Special Judge, Kalyan, rejecting the Anticipatory Bail Application filed by the appellant observing that there is prima facie case against the appellant under Section 3(1)(za) (A), 3(1)(zc), 3(1)(za)(e), 3(1)(u)(p)(q) appellant & 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is prosecution’s case that appellant is the Chairman of the Trust

viz. Dombivali Shikshan Prasarak Mandal. This Trust runs K.V. Pendharkar College of Arts, Science and Commerce. The respondent No.2 is Assistant Professor in the said College. It is alleged that on 18.06.2024, at around

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45-APEAL-858-2024 (CR).doc

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6:58 a.m., when informant went to college for attending the duty, the concerned staff informed him that the appellant had directed him not to assign him any duty. At 7:38 a.m. the appellant called him on his whatsapp call but there was no conversation between them. It is alleged that around 8:12 a.m. the appellant again called him on whatsapp call and abused him on his caste. It is alleged that around 7:30 a.m. he was denied the entry by the security guard of college stating that he was instructed by the appellant not to allow him to enter in the college. It is alleged that the appellant had sought an explanation from the informant by sending message on his mobile and the first informant immediately sent his explanation on mobile of the appellant. It is alleged that on 19.06.2024 at 6:55 a.m., when the first informant tried to enter in the college, the security guard manhandled him.

It is contention of learned Senior counsel for the appellant that appellant has been falsely implicated in this case. The appellant never abused first informant on his caste, as alleged by him. Learned Senior Counsel further submitted that the message sent by the informant on the appellant’s mobile shows that, it was sent to an unknown person stating that he does not know who has sent the message to him and in the said message, there is no reference of caste based abuse to the appellant. The said message sent around 11:00 a.m. i.e. after happening of the incident as

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45-APEAL-858-2024 (CR).doc

alleged in the FIR around 8:00 a.m. Learned Senior Counsel further submitted that due to dispute in college, the first informant has filed false complaint against the appellant but this facts has not been considered by the learned Special Court. The appellant is a reputed person, he is the Chairman of the Trust. As there is no case against him, his custodial interrogation is not required and requested to allow the appeal.

It is contention of learned APP along with learned counsel for respondent No.2 that the appellant abused the first informant on his caste by making whatsapp call. The appellant also prevented entry of first informant in the college. The police has produced call data, which shows record of calls between the appellant and first informant. The learned Special Court has passed well reasoned order, no interference is required in it. Considering the allegations against the appellant, his custodial interrogation is required. Learned APP further submitted that police has recorded the statement of the witnesses which supports the prosecution’s case and requested to dismiss the appeal.

I have heard all learned counsel. Perused the order passed by learned Special Court. The allegations against the appellant are that on 18.06.2024, around 8:00 a.m. the appellant had called first informant on his whatsapp call and abused him on his caste. The appellant has annexed the text message sent by first informant on his whatsapp, which is at page

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No. 81 of the appeal. In the said message, the informant has stated that he does not know whose number it was. In the said message, there is no reference of any abuse to him on his caste. Moreover, there is delay of seven days for filing the FIR. Considering the whatsapp message sent by the first informant to the appellant, the alleged act committed by the appellant does not make out, hence custodial interrogation of the appellant is not required and I pass following order.

ORDER

i. The Order dated 13.08.2024 passed by this Court (Coram : Sandeep V. Marne, J.) is hereby confirmed.

ii. The Trial Court shall not be influenced by the observations made in this order and shall decide the matter on its own merits and in accordance with law.

The Appeal is allowed in the aforesaid terms and is accordingly disposed of.

All concerned to act on the authenticated copy of this order.

( SHIVKUMAR DIGE, J.)

SONALISATISHKILAJE Digitally signedby SONALISATISH KILAJEDate:2025.03.0516:57:26 +0700

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