Tamannagouda Ishwarappa Ravi v. State Of Maharashtra And ORS

Digitally signed by DINESH SADANAND SHERLA Date:

2023.02.21 12:07:27 +0500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DINESH SADANAND SHERLA CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1842 OF 2022 1.

Jitendra M. Ankalagi 2.

Jagdev B. Biradar 3.

Dharesh Anandrao @ Anandray Biradar 4.

Nikhil A. Biradar 5.

Anandray D. Birajdar 6.

Vinod D. Katte @ Ravi 7.

Vikas D. Katte @ Ravi 8.

Siddhappa N. Aarani 9.

Revansiddha M. Aarani 10.

Prakash M. Aarani 11.

Mahesh M. Aarani 12.

Shivanand A. Biradar 13.

Raygonda M. Biradar 14.

Shivgonda M. Biradar 15.

Prakash G. Malabadi 16.

Pradip N. Dhumgond 17.

Layappa B. Biradar 18.

Jinesaab(Papanna) R. Maneri 19.

Dhulappa C. Aarani 20.

Sadik S. Jamadar ...Applicants V/s.

1.

State of Maharashtra 2.

Virkam V. Ghode

...Respondents.

WITH INTERIM APPLICATION NO. 4461 OF 2022 Mr. Kuldeep Patil i/b Ms Saili N Dhuru for the Applicants. Mr. A.A. Palkar, APP for the Respondent/State. Mr. Sudatta Patil i/b Mr. Vikram Parmar for the Applicant/Intervener.

CORAM

:

N.R. BORKAR, J.

DATE :

09.01.2023.

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P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicants are apprehending their arrest in Crime No.152 of 2022 registered at Umadi Police Station, Sangli for the ofences punishable under Sections 353, 332, 333, 143, 147, 148, 149 and 504 of the Indian Penal Code.

3.

I have heard the learned counsel appearing for the applicants, the learned APP for the respondent / State and the learned counsel for the intervener.

4.

The learned counsel for the applicants submits that the applicants are farmers and no specifc overt-act is attributed to them in the alleged incident. It is submitted that the applicants without prejudice to their rights will deposit Rs.3000/- each with concerned police welfare fund and shall not seek refund of the said amount even if they are acquitted. It is submitted that considering the facts and circumstances, the applicants may be released on anticipatory bail.

5.

On the other hand, the learned APP for the respondent/ State and the learned counsel for the intervener submit that the applicants are involved in the serious crime of rioting and assaulting public servants. It is submitted that considering the nature of ofence the applicants may not be released on anticipatory bail.

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6.

It appears that on the date of incident, which took place on 26 May 2022 at about 7:45 p.m. during election conference, dispute arose between two rival political groups and they started pelting stones at each other. It appears that one of the co-accused was arrested and no police custody was sought. 7.

Considering the facts and circumstances of the case and as there are no other criminal antecedents, I am inclined to release the applicants on anticipatory bail. In the result the following order is passed.

ORDER

A) The Anticipatory Bail Application is allowed. B) In the event of arrest of the applicants in C.R. No. 152 of 2022 registered at Umadi Police Station, Sangli for the ofences punishable under Sections 353, 332, 333, 143, 147, 148, 149 and 504 of the Indian Penal Code, they shall be released on bail on executing P.R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount subject to deposit of Rs.3000/- each by them with Police Welfare Fund within two months from today and they shall submit the receipt to the Investigating Ofcer. 8.

In view of disposal of anticipatory bail application, the Interim Application for intervention does not survive and the same stands disposed of.

[N.R.BORKAR, J.] 3/3