Bharat Haribhau Karape v. The Sjuperintendent Of Police And Another

2025:BHC-AUG:6798

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 961 ANTICIPATORY BAIL APPLICATION NO. 798 OF 2024 BHARAT HARIBHAU KARAPE

VERSUS

THE SUPERINTENDENT OF POLICE AND ANOTHER ...

Advocate for Applicant : Mr. P. P. More APP for Respondent/State: Mr. S. K. Shirse ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 07.03.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.0096/2024, dated 13.03.2024, registered at Ghansawangi Police Station, District Jalna, for the offences punishable under Sections 143, 147, 326, 324, 148, 149, 504, 506 of IPC.

3] This court by order dated 15.05.2024 granted interim protection to the applicant noting submissions at paras 3, 4 and 5, as under:

"3. The learned counsel for the Applicant submits that the allegations against the Applicant is of throwing a stone at the injured causing injury. According to him nothing is to be recovered at the instance of the Applicant.

4. The learned APP opposed the grant of interim relief on the ground that due to the overt act of the Applicant, serious injury is caused to the eye of the informant. To counter the said submission it is submitted by the learned counsel for the Applicant that it cannot be said that the Applicant intended to cause specific injury to the eye of informant. He submits, on instructions, that the Applicant has no criminal history.

5. Having regard to these facts, the liberty of the Applicant is protected till the prosecution is heard in the matter. Hence, the following order:-..."

4] The learned counsel for the applicant submits that thereafter the applicant has cooperated with the investigation and the investigation is complete and the charge-sheet in the matter is also filed.

5] Considering the nature of allegations against the applicant and the gravity of the offence and also considering that the investigation is complete, no purpose would be served in sending the applicant in police custody. As such, the interim protection granted earlier can be confirmed.

6] In view of the above, the interim protection granted by order dated 15.05.2024 stands confirmed, on the following terms:

i] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

ii] The applicant shall co-operate in the proceedings before the trial Court.

7] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

8] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

9] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe