Pune: Court grants anticipatory bail to accused in rape case

Pune crime court.
Special District and Sessions Judge P.S. R. Justice S. R. Narvade has appointed Smt. Sima Abhay Kakade (Age-40 years, Ra. Shewal Wadi, Manjari Buta Haveli, District Pune) was granted anticipatory bail in the case registered under the 'Atrocity Act' at the Hadapsar police station for casteist slurs, vandalism, death threats, trespassing, loss of income and insulting the complainant woman in public place on the basis of a particular caste.


In this case, on 14/06/2024, Sima Kakade and his staff, despite knowing that the complainant belongs to the Matang community, abused the complainant in a casteist manner and the employee of Sima Kakade, by showing the place of her urination to the complainant, caused embarrassment to the mind of the complainant, vandalized the shop of the complainant to take illegal possession of the shop of the complainant and abused the complainant in a public place. A case was also registered against Sima Kakade and his staff for vandalising the shop.(Pune Crime Court News)

Advocate Milind Dattatraya Pawar had filed the anticipatory bail plea on behalf of Sima Kakade in the special district and sessions court. Sima Kakade is the head of the Hadapsar division of the MNS. The land for the shop was bought by Sima Kakade's mother-in-law in 1984. Sima Kakade is paying the income tax of the Metropolitan Municipality on the site of the above shop. The light meter is in Kakade's name. Sima Kakade has been in possession of the disputed land since 1984.

Now, this false case has been registered to harass Sima Kakade with political motives by creating a dispute over the shop to deliberately disturb the shops on the main road. Advocate Milind Pawar argued on behalf of Shiv Sena.


According to Section 18 of the Atrocities Act, the court cannot grant anticipatory bail after a case is registered under the Atrocities Act. But the Supreme Court has made it clear through several judgments that even if there is no provision for anticipatory bail in the 'Atrocities' Act, the district courts should look into the sequence of events while deciding on anticipatory bail. Look at the motive of the accused. Isn't this politically motivated? Is it really necessary for the police to arrest and remand the accused for further investigation? Will the police be able to trace the accused? Are there any suspicious items to be recovered from the accused? All this needs to be checked.

If there is no need for the arrest and custody of the concerned accused for the investigation of all the above, if the granting of anticipatory bail to the accused does not affect or hinder the investigation of the police, then the special district and sessions court can grant anticipatory bail to the accused by giving appropriate conditions, even if there is no provision for anticipatory bail under section 18 of the 'Atrocity' Act. There are many High Courts and Supreme Courts. Milind Pawar had tweeted about this. Considering the above arguments, the court granted conditional anticipatory bail to Sima Kakade, Adv. Suyog Gaikwad helped in this case.