Badlapur case: Shinde Sena leader gets interim protection from arrest for foul remarks against scribe

Mhatre, through advocate Viresh Purwant sought interim protection from arrest pending hearing of his appeal stating that a copy of the Kalyan court order was not yet made available, therefore HC would be unable to ascertain the reasons given in the said decision by special judge.

Mhatre was booked on August 22 under provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and offences punishable under sections 74 (assault or use of criminal force to woman with intent to outrage her modesty.) and 79 (word, gesture or act intended to insult modesty of a woman.) of Bharatiya Nyaya Sanhita. (BNS).

A single-judge bench of Justice Sandeep V Marne noted that perusal of FIR would “prima facie indicate that the concerned utterances by appellant Mhatre were not made with an intention to humiliate the caste of the complainant.”

HC added that section 3(1)(w)(ii) (using words, acts or gestures of sexual nature towards woman belonging to SC or ST, knowing she belongs to said community) of the SC & ST Act is alleged against the appellant possibly due to gestures made by him, while making the concerned utterances.

“Prima facie, it does not appear that the said utterances were again intended only to humiliate the caste of the complainant. Therefore, prima facie the bar under Section 18 of the SC & ST Act may not apply to the present case.

Considering the nature of allegations levelled in the FIR, in my view the appellant deserves to be granted interim protection till the respondent (complainant journalist) makes an appearance in the appeal,” Justice Marne noted.

The court issued a notice to the complainant and sought her response during the next hearing on September 4. Till then, in the event of arrest, he shall be enlarged on interim bail on furnishing personal bond of Rs 25, 000 along with sureties of the same amount, the bench noted.

The HC also asked Mhatre to remain present before the investigating officer on September 2 and 3 to cooperate with the probe and asked him not to contact the complainant or make any statement in the media about her.