Bombay HC grants anticipatory bail to Waman Mhatre for alleged offensive remarks against woman journalist

An outer view of Bombay High Court.
| Photo Credit: Vivek Bendre

The Bombay High Court on Monday (October 7, 2024) granted anticipatory bail to Shiv Sena (Eknath Shinde faction) leader Waman Mhatre, who is accused of making derogatory remarks against a woman journalist during protests in Thane district’s Badlapur region over the sexual abuse of two children in kindergarten.

A Single-Judge Bench of Justice Sandeep V. Marne pronounced the verdict on Monday. “I have allowed the application and granted anticipatory bail to the applicant,” he said.

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Mr. Mhatre was booked on August 22, 2024 under the Scheduled Castes and Scheduled Tribes (SC and ST Prevention of Atrocities) Act for 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 the modesty of a woman) of the Bharatiya Nyaya Sanhita (BNS).

On approaching the Sessions Court to seek anticipatory bail, he said that the court had overlooked his application, which had prompted him to appeal to the High Court for relief.

On August 30, Justice Marne granted Mr. Mhatre interim protection from arrest. “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 and ST Act may not apply to the present case. Considering the nature of allegations levelled in the FIR (First Information Report), in my view the appellant deserves to be granted interim protection till respondent (complainant journalist) makes an appearance in the appeal,” the judge noted.