Satish Gunda Mane v. The State Of Maharashtra

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.62 OF 2015 Satish Gunda Mane ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.Javed hussein a/w Mr.Sangram Lotankar and Mr.Mubashir Hussein i/b Hussein & Co. for the Applicant Mr.S.S. Pednekar, APP, for Respondent - State CORAM: MRS.MRIDULA BHATKAR, J.

DATE: MARCH 18, 2015 P.C.:

1.

This is a bail application moved by the applicant/accused who is facing charges under section 354D, 452, 332, 504, 506 r/w 34 of the Indian Penal Code and under section 11(1) of the the Protection of Children from Sexual Offences Act, 2012 as also under section 3(1)(x) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989. It is the case of the prosecution that he alongwith the four accused, used to follow four school going victim girls. The accused used to pass obscene remarks and committed acts outraging the modesty of the victim girls. One of the victims informed about it to her brother and therefore her brother questioned about the acts of the applicant/accused and the co-accused and there was some altercation between the brother of the victims and the other accused. Being aggrieved by the said questioning by the brother of 1 / 3

the victims, one of the accused went into the house of the brother, pulled him out and the applicant/accused alongwith other accused assaulted him outside the house. Hence, the offence was registered at C.R. No.156 of 2014 on 10.12.2014 at Gomewadi, Tal.Atpadi, Dist.Sangli. 2.

The learned Counsel for the applicant/accused submitted that he was arrested on 12.12.2014. He is 21 years old and he is a college student. It is his first offence and he prays for bail. 3.

The learned Prosecutor opposes the application by submitting that the applicant used to pass obscene remarks and also used to pelt small stones at the victims.

4.

The applicant/accused, as submitted by the learned Counsel for the applicant, belongs to Nomadic Tribe. It is his first offence and, therefore, considering these facts, the applicant/accused is released on bail, however, on the following terms and conditions: i) The applicant/accused shall be released on bail upon furnishing P.R. Bond in the sum of Rs.15,000/-, with one or two sureties in the like amount;

ii) The applicant shall not tamper with the evidence and shall not approach or harass the victim girls or the brother of the victim or any witness;

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iii) The applicant shall not indulge into any kind of offence while on bail. If he commits any such offence, the bail granted in this case will be cancelled forthwith;

5.

The bail application is disposed of on the above terms. (MRS.MRIDULA BHATKAR, J.) 3 / 3