Man accused of assaulting homeguard over wearing face mask granted anticipatory bail

The Bombay High Court on Tuesday granted anticipatory bail to a Kolhapur man who was booked for allegedly instigating and assaulting a homeguard personnel after

The Bombay High Court on Tuesday granted anticipatory bail to a Kolhapur man who was booked for allegedly instigating and assaulting a homeguard personnel after a heated argument ensued between them over being asked to wear a face mask.

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The single-judge bench of Justice Bharati Dangre while hearing the plea of Shekhar Sanadi, through video conferencing was informed by advocate Hrishikesh Mundargi that Sanadi was booked under sections 323 (punishment for voluntarily causing hurt), 353 (punishment for assault or criminal force to deter public servant from discharge of his duty) and 506 (punishment for criminal intimidation) of the Indian Penal Code (IPC) and relevant provisions of Disaster Management Act, 2005 for placing his hand on the shoulder of the home guard.

In light of the above Mundargi said that no offence was made out from the FIR filed by the police, hence Sanadi should be granted pre-arrest bail. However, public prosecutor Deepak Thakare opposed the plea.

After hearing submissions, Justice Dangre observed, “On perusal of the FIR, prima facie what emerges is a verbal altercation between the complainant and the applicant while the latter was discharging his duty. No ingredients of Sections 323 and 353 of the IPC are made out of the complaint/FIR.

While disposing of the application the bench restrained Sandi from making any inducement, threat, or attempt to persuade a person acquainted with the case from disclosing the facts to the court and not to tamper with the evidence. The court further said that in case of arrest shall be released on bail on furnishing personal bond of Rs 50,000.