Kiran Bhauso @ Aba Randhavan v. The State Of Maharashtra
rpa 1/4 928-aba-248-20,2772-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.248 OF 2020 Kiran Bhauso @ Aba Randhavan .. Applicant Vs.
State of Maharashtra .. Respondent WITH ANTICIPATORY BAIL APPLICATION NO.2772 OF 2019 1) Ramesh Arjun Gawade;
2) Bhauso @ Abaso Baburao Randhavan .. Applicants Vs.
State of Maharashtra .. Respondent ......
Mr.Rupesh A. Zade, Advocate for the Applicants. Mrs.A.A. Takalkar, APP for the Respondent - State. ......
CORAM : PRAKASH D. NAIK, J.
DATED :
FEBRUARY 28, 2020.
P.C. :
Applicants in both these applications are apprehending arrest in connection with C.R.No.862 of 2019, registered with Baramati Police Station, Pune Rural, for the offences punishable under Sections 143,, 1437,, 1438, 1439, ,07,, ,243, ,2,, 5043 and 506 of Indian Penal Code ("IPC", for short). First Information Report ("FIR", for short) was lodged on 11th November, 2019.
rpa 2/4 928-aba-248-20,2772-19.doc The prosecution case is that the sister-in-law of the complainant was ill treated by her in-laws. On 18th November, 2019, the complainant's wife received a call from Sonali (Sisterin-law of complainant) that she is assaulted by her in-laws. The complainant and others visited the matrimonial home of Sonali. At that time the accused assaulted complainant and others. , Learned advocate for the applicant submitted that the applicants are falsely implicated in this case. The FIR is registered on account of matrimonial differences. There are no corresponding injuries in relation to overtact of assault attributed to the accused. Custodial interrogation is not necessary. No specific overtact is attributed to the applicant in ABA 27,7,2 OF 2019.
Learned APP submitted that the accused were armed with weapons. All the applicants were members of unlawful assembly. The version of the complainant and other witnesses are fortified by the injury certificate. Applicant in ABA 2438 of 2020 is attributed role of assaulting by sickle. He had assaulted Parshuram Malve. The said injured has sustained injury on his head.
rpa 3/4 928-aba-248-20,2772-19.doc On perusal of the FIR, it can be seen that the sisterin-law of complainant had complained that she has been assaulted by her in-laws. The complainant and others had visited her matrimonial home to question her in-laws about the assault attributed to her. As far as applicants in ABA 27,7,2 of 2019. is concerned, their involvement is vague. They were not attributed any specific overtact of assault. However, as far as applicant Kiran Bhauso @ Aba Randhavan is concerned, specific overtact of assault by sickle has been attributed to him. There is corresponding injury as apparent from the injury certificate. Considering the factual matrix of the matter, the applicant in ABA 2438 of 2020 Kiran Bhauso @ Aba Randhavan is not entitled for relief under Section 43,8 of Cr.P.C. However, the applicants in ABA 27,7,2 of 2019, can be granted protection by confirming interim order dated 18th December, 2019. 7, Hence, I pass the following order:
:: O R D E R ::
(i) Anticipatory Bail Application No.2438 of 2020, is rejected;
rpa 4/4 928-aba-248-20,2772-19.doc (ii) Anticipatory Bail Application No.27,7,2 of 2019, is allowed;
(iii) Interim protection granted by this Court vide order dated 18th December, 2019, in ABA 27,7,2 of 2019, is confirmed;
(iv) In the event of arrest of Applicants in ABA 27,7,2 of 2019, in connection with C.R.No.862 of 2019, registered with Baramati Police Station, Pune Rural, they be released on bail on their executing P.R. Bond in the sum of Rs.25,000/-, each, with one or more sureties in the like amount;
(v) Applicants in ABA 27,7,2 of 2019, shall attend investigating officer, as and when called for, till conclusion of the trial;
(vi) Anticipatory Bail Applications stand disposed of. (PRAKASH D. NAIK, J.)