ATUL LINGAPPA KAMBALEversusTHE STATE OF MAHARASHTRA

                                                    31-APEAL-970-2025.doc

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
               CRIMINAL APPELLATE JURISDICTION
                     APPEAL NO.970 OF 2025
Atul Lingappa Kamble           …..Appellant
      Vs.
State Of Maharashtra and Anr.  …..Respondents

Mr. Abhay A. Jadhavar, for Appellant.
Mr. Pankaj P. Deokar, APP for Respondent-State.
                               CORAM : MRS. VRUSHALI V. JOSHI, J.
                                DATED : 17th FEBRUARY 2026
P.C.:-

1.       The appellant in the present appeal is apprehending arrest in

connection with C.R. No.893 of 2025 registered with Barshi City

Police Station for the offences punishable under Sections 108, 351(2)

and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and under

Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and

the Scheduled Tribes (Prevention of Atrocities) Act, 1989.


2.       It is the case of the prosecution that the husband of the

deceased committed suicide by hanging himself in a canteen. He had

left behind four suicide notes, in which the names of the present

Appellant is mentioned. The allegations are that the deceased had

taken hand loans from the Appellant as well as from other persons



Suresh                                                                 1/5
                                                    31-APEAL-970-2025.doc

and that they used to harass and torture him by repeatedly

demanding repayment of the said amounts. The names of all such

persons have been mentioned in the suicide notes.


3.       The FIR further alleges that, as the deceased belonges to a

Scheduled Caste, the Appellant abused and humiliated him by

insulting him on the basis of his caste; therefore, offences under the

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)

Act were registered. The suicide notes are placed on record. In the

suicide notes, the deceased stated that he committed suicide due to

the harassment and threats given by the Applicants, including threats

of causing harm to his limbs and misuse of stamp papers and

cheques, and that he was abused by referring to his caste.


4.       In the suicide notes, the deceased has given the names and

phone numbers of the said persons and has requested that they be

punished and that police protection be provided to his family. The

wife of the deceased has lodged the complaint.


5.       The learned counsel appearing for the Appellant, submitted

that the Appellant belongs to a Scheduled Caste and, therefore, there



Suresh                                                                 2/5
                                                      31-APEAL-970-2025.doc

is no question of his having insulted or abused the deceased by

referring to his caste. In support of this contention, the Appellant has

placed his caste certificate on record. The individual transactions

were in the range of Rs. 1,000/- to Rs. 2000/-, made through Google

Pay or PhonePe.


6.       On perusal of the suicide note, it appears that the deceased has

mentioned the names of this Appellant and other co-accused, stating

that he had taken amounts from them and that they              demanded

repayment. According to the deceased, due to such trouble, he

committed suicide.


7.       The Appellant belongs to the Scheduled Caste community;

therefore, there is no question of registration of an offense under the

SC/ST (Prevention of Atrocities) Act against him. On perusal of the

suicide notes, it appears that only a general statement is made in the

suicide note. No specific words allegedly uttered by them to insult

the caste of the deceased are mentioned. Therefore, prima facie, the

offence under the Atrocities Act is not attracted.


8.       Considering the amount involved and the allegations against



Suresh                                                                   3/5
                                                          31-APEAL-970-2025.doc

the appellant, which is limited to giving money to the deceased and

subsequently asking for its refund, and further considering that the

Appellant have cooperated with the investigating machinery during

the period of interim protection, no custodial interrogation appears

to be necessary. Though the Investigating Officer has stated that the

Appellant is not cooperating on the ground that they have not

surrendered cheques and stamp papers, it is to be noted that the

transactions were online and there were no stamp papers involved.


9.        Considering the entire allegations, against the Appellant and as

no offense under the Atrocities Act is made out, the Appellant

deserve protection by way of anticipatory bail. Hence, the following

order:


                                  ORDER

         i)     Appeal is allowed.

         ii)    In the event of arrest of the Appellant, Atul
         Lingappa Kamble, he shall furnish personal bond of
         Rs.25,000/- with his recent self-attested photograph and
         surety of the like amount on the following conditions at
         the satisfaction of the Investigating Officer;

         iii)   The Appellant shall remain present before the


Suresh                                                                       4/5
                                                        31-APEAL-970-2025.doc

         concerned police station on every Thursday between 11.00
         a.m. to 01.00 p.m.;

         iv)     The Appellant shall cooperate with the investigation
         and make himself available for interrogation whenever
         required;

         v)      The Appellant shall not obstruct or hamper the
         police investigation and not to play mischief with the
         evidence collected or yet to be collected by the police;

         vi)     The Appellant shall maintain law and order;

         vii)    The Appellant shall, at the time of execution of the
         bond, furnish his residential address and contact number
         to the Investigating Officer, and the Court concerned, and
         shall not change the residence till the final disposal of the
         case;

         viii)   The Appellant shall regularly remain present during
         the trial, and cooperate with the Hon’ble Court to complete
         the trial for the above offenses.

         ix)     If breach of any of the above conditions is
         committed, the order of anticipatory bail would be
         canceled. It would be open to the Investigating Officer to
         file an application for remand, and the Magistrate
         concerned would decide it on merits, without being
         influenced by the grant of anticipatory bail order.

                                     (MRS. VRUSHALI V. JOSHI, J.)



Suresh                                                                     5/5