919-Cri-Apeal-262-2023.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 919 CRIMINAL APPEAL NO. 262 OF 2023 MANIKRAO RAMRAO AMBHURE AND ANOTHER VERSUS THE STATE OF MAHARASHTRA AND ANOTHER .… Mr. S. G. Kawade, Advocate for the Appellants Mr. K. S. Patil, APP for Respondent No.1 – State Mr. R. M. Deshmukh, Advocate (Appointed through Legal Aid) for Respondent No.2 .… CORAM : Y. G. KHOBRAGADE, J. DATE : February 12, 2026 PER COURT :- 1. Mr. Deshmukh, the learned counsel for respondent No.2 made a statement that he has instructions to appear on behalf of respondent No.2 – informant through the Legal Aid. 2. Heard the learned counsel for the appellants, the learned APP for respondent No.1 and the learned counsel for respondent No.2 / informant. 3. By the present appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the appellants / accused take exception to the order dated 1 of 4 2026:BHC-AUG:6531 (( 2 )) 919-Cri-Apeal-262-2023 14.03.2023, passed by the learned Additional Sessions Judge-5 / Special Court, Parbhani, on Exh.1 in Criminal Bail Application No. 172 of 2023, whereby the learned Special Court declined to grant anticipatory bail to the appellants / accused in connection with Crime No.32 of 2023, registered with Bori Police Station, District Parbhani, for the offence punishable under Sections 323, 504, 506 read with 34 of I.P.C. and under Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. 4. Having regard to the submissions canvassed on behalf of both the sides, I have gone through the record. It is a matter of record that on 22.02.2023, the respondent No.2 informant lodged a report with Bori Police Station, District Parbhani, alleging that she has two sons, out of which one son is residing at Pune with his family. His house at Varna was vacant, therefore, she let out the said house to one Pashimiya for running chicken shop, on monthly rent of Rs.1,000/-. However, on 21.02.2023, at about 05.30 p.m., the said Pashumiya visited her and disclosed her that one Manik Rambhau Ambure and his son Krushna Manik Ambure had visited the said chicken shop and told him to close the said chicken shop. Therefore, she visited the appellants to inquire why the chicken shop should be 2 of 4 (( 3 )) 919-Cri-Apeal-262-2023 closed. However, both the appellants/accused abused her by using casteist language and also assaulted her grandson with fists and blows. However, the said F.I.R. does not disclose the place where the alleged casteist remarks were uttered. Therefore, as per the ratio laid down by the Hon’ble Supreme Court in the case of Karuppudayar Vs. State Rep. By The Deputy Superintendent of Police & Ors, 2025(2) CGLJ 316 and in the case of Kiran Vs. Rajkumar Jivraj Jain and Ors, AIR 2025 SC 4083, I am of the view that the appellants / accused have made out prima facie case to enlarge them on anticipatory bail during the course of the trial. 5. Needless to say that on 27.03.2023, this Court passed an order and granted ad-interim anticipatory bail to the appellants / accused on certain terms and conditions. During pendency of this appeal, the Investigating Officer has filed the charge-sheet against the present appellants / accused. Further, the learned counsel for the appellants / accused placed on record the copy of the Rozanama in Special Case No.78 of 2023 (State of Maharashtra Vs. Manikrao Ramrao Ambhure), which shows that the charge is framed against the appellants / accused and the matter is posted on 11.03.2026 for evidence of the prosecution witnesses. 3 of 4 (( 4 )) 919-Cri-Apeal-262-2023 6. In view of above discussion, the impugned order dated 14.03.2023, passed by the learned Special Court, Parbhani on Exh.1 in Criminal Bail Application No.172 of 2023, is hereby quashed and set aside. The appellants / accused are enlarged on ad interim anticipatory bail vide order dated 27.03.2023, therefore the said order shall in operation during pendency of the trial on the same terms and conditions. 7. Accordingly, the appeal is disposed off. [ Y. G. KHOBRAGADE, J. ] SMS 4 of 4