Basu @ Basappa Sunkappa Annareddy v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1379 OF 2021 Basu @ Basappa Sunkappa Annareddy ... Applicant V/s.

The State of Maharashtra ... Respondent ------------------- Mr. Vikrant V. Phatate, Advocate for the Applicant. Mr. K.V. Saste, APP for the Respondent - State. --------------------- CORAM :SMT. SADHANA S. JADHAV, J.

DATED :26th APRIL 2021.

P.C. :

Through video conference 1.

Heard the learned counsel for the applicant and the learned APP for the Respondent - State.

2.

Applicant herein is arrested on 3rd November 2020 in Crime No.1432 of 2020 registered at Sadar Bazar Police Station, Solapur for the offences punishable under sections 143, 144, 147, 148, 149, 307, 323, 504, 506 r/w 34 of Indian Penal Code.

3.

It is the case of the prosecution that on 2nd November 2020 Suresh had been to the house of the complainant Vishal to meet them. At about 10.30 pm when he was leaving the house of Vishal he saw

Ashok consuming alcohol. Suresh asked Ashok to warn his son Vijay to behave properly. Ashok was annoyed by the suggestion and pushed Suresh. Soon thereafter, the present applicant along with Durga Annareddy and other accused rushed to the spot with deadly weapons. Durga Annareddy who is the applicant in Criminal Application No.384 of 2021 was armed with an iron rod. He abused Suresh and thereafter, mounted assault upon him with the iron rod. It is alleged that similarly, the present applicant had also mounted assault upon Suresh due to which both his hands were injured. Suresh was then admitted in the hospital. Vishal lodged a report to the Police Station on the basis of which Crime No.1432 of 2020 was registered.

4.

Investigation is completed and charge sheet is filed. The medical certificate shows that Suresh had sustained traumatic injuries on all four limbs. There are injuries on his forearm, ulnar nerve, all four flexor, tendons are cut and there is contused lacerated wounds on his scalp.

5.

Applicant has been in custody for more than six months. Hence, further incarceration is unwarranted, in view of the fact that charge sheet is filed. Hence, application is allowed. Hence, the

following order:-

ORDER

(i) Application is allowed;

(ii)The applicant be enlarged on bail on furnishing of P.R. Bond in the sum of Rs.25,000/- and one or more solvent sureties in the like amount;

(iii)Applicant shall not tamper with the evidence; (iv)Application is disposed of in above terms; (v)Parties to act upon authenticated copy of the order. (SMT. SADHANA S. JADHAV, J)