KRISHNA KUMAR Vs. STATE OF M.P. AND OTHERS
LAWS(MPH)-2018-6-129
HIGH COURT OF MADHYA PRADESH
Decided on June 22,2018

KRISHNA KUMAR Appellant
VERSUS
State of M.P. and Others Respondents




JUDGEMENT

SANJAY YADAV,J. - (1.)Appearing counsel for the parties heard on alleged first criminal appeal filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the impugned order dated 23.03.2018 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Shivpuri whereby appellant's anticipatory bail application filed under section 438 of the Cr.P.C., 1973 was dismissed in relation to Crime No. 30/2018 registered at Police Station Dinara, District Shivpuri in reference to offences punishable under Section 306 of the IPC and section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the produced case diary and papers filed by the parties before this Court are also perused.
(2.)It has been contended by appearing counsel for the appellant that he is apprehending his arrest in above mentioned crime, wherein appellant has been falsely implicated and the appellant never abetted, instigated or made conspiracy with any other persons for abetting suicide by the deceased and deceased in his life time has not lodged any report against appellant or any other person and deceased had not left any suicidal note indicating the role of present appellant or any other person in reference to his alleged suicide and actually deceased was having dealership for selling bikes of TVS company and appellant has purchased a motorcycle from deceased on 13.11.2017 after paying Rs. 50,323/- and in accordance with relating rules deceased has to handed over motorcycle to the appellant after getting registration and insurance of sold motorcycle but deceased did not get done the registration of the motorcycle and not insured the motorcycle, therefore, the appellant had visited the shop of the deceased one week prior to the death of deceased and regarding registration and insurance of sold motorcycle, some verbal altercations had occurred between the deceased and present appellant and there is no connection of appellant with alleged suicide committed by the deceased.
(3.)Placing reliance on the cases of Babbi @ Jitendra and others v. State of M.P., (2008 (3) MPWN 8) , Ramesh and another v. State of M.P., (2004 (2) MPLJ SN 28) , Ved Prakash Tarachand Bhaiji v. State of M.P., (1995 MPLJ 458) and the order passed by this Court in Criminal Appeal No. 1176 of 2017 (Saleem Khan v. State of MP and another) dated 13.09.2017 , counsel for the appellant contended that prima facie no offence is appearing against the present appellant. It is also argued that the bar of section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act regarding anticipatory bail is not applicable in the case of present appellant.


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