Anaji @ Babari Krushna Anaji Gavade v. The Senior Inspector Of Police And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2337 OF 2024 Anaji alias Babari Krushna Anaji Gavade ...Applicant

Versus

The Senior Inspector of Police & Anr.

...Respondents

Mr. Amit S. Patel, for the Applicant.

Ms. Savita M. Yadav, APP, for the Respondent-State. CORAM: MADHAV J. JAMDAR, J.

DATED: 15 JULY 2024 P.C.:

1.

Heard Mr. Patel, learned Counsel for the Applicant and Ms. Yadav, learned APP for the Respondent-State.

2.

This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:-

1. C.R. No.

2. Date of registration of F.I.R.

9th April 2023

3. Name of Police Station Malvan, District-Sindhudurg.

4. Section/s invoked 302, 34 of the Indian Penal Code,

5. Date of incident 8th April 2023

6. Date of arrest 9th April 2023

7. Date of filing Charge-sheet 30th June 2023 3.

As per the prosecution case, the deceased was in a relationship outside of marriage with the wife of the Accused No.3. The Applicant is Page No. 1/6

Accused No.2. Accused Nos.1 and 2 are brothers of the wife of the Accused No.3. As per the prosecution case, on 8th April 2023, the Accused No.3 had gone to Malvan searching for a job and at that time at about 9.30 p.m., the deceased came to the house of the Accused No.3 to meet his wife. When the deceased was in the house of the Accused No.3 with the wife of the Accused No.3, Accused No.1−Ganesh Krushna Gavade and Accused No.2−Anaji alias Babari Krushna Anaji Gavade (Applicant) came there and they found the wife of the Accused No.3 i.e. their sister, with the deceased. Thereafter Accused No.1−Ganesh Krushna Gavade took the wife of the Accused No.3 i.e. his sister to their parents' house at Chauke-Sthalkarwadi and Accused No.2−Anaji alias Babri (Applicant) took the deceased with him. The said Accused No.

1−Ganesh Krushna Gavade after leaving the wife of the Applicant at her parents house, immediately left the said place. As per the prosecution case, thereafter, the daughter of the deceased received a phone call from the cellphone of deceased at 10.36 p.m. and the deceased reassured the daughter that there is nothing to worry about and that he was all right. Thereafter, as the daughter of the deceased was apprehending that some incident had taken place, she called her father at about 10.47 p.m. and at that time Accused No.1−Ganesh Krushna Gavade informed her that the deceased was at Chauke. Therefore, the daughter of the deceased immediately called her uncle, Page No.

who resides at Bordve−Sunderwadi, Taluka−Kankavali. The brother of the deceased called on the cellphone of the deceased and at that time one person answered the call and stated that if he wants his brother alive, then he should be immediately taken out of Chauke. In view of this, brother of the deceased reached at the said spot at Chauke and the Accused Nos.1 and 2 informed the brother of the deceased i.e. the Informant that the deceased should not be seen at Chauke as he was harassing their sister. The brother of the deceased noticed that all the Accused had mercilessly assaulted his brother. Thereafter, the brother of the deceased took the deceased to various hospitals but the deceased ultimately succumbed to the resultant injuries. 4.

Mr. Patel, learned Counsel for the Applicant submitted that if the entire prosecution case is taken as it is, then also the same shows that there was no intention to commit the offence in question which is punishable under Section 302 of the Indian Penal Code, 1860. The present Applicant and his brother assaulted the deceased as he was harassing their sister so that he should not contact their sister. He submitted that no specific role is attributed to the Applicant. He also submitted that there are no criminal antecedents. The Applicant is about 50 years old and he is a farmer. He therefore submitted that the Applicant be released on bail.

5.

On the other hand, Ms. Yadav, learned APP vehemently opposed Page No. 3/6

the Bail Application. She submitted that there is a strong motive to commit the offence in question. The Applicant and other Accused have mercilessly assaulted the deceased and therefore the Bail Application be rejected. She submitted that there is a recovery of a knife at the instance of the present Applicant and the Applicant has been identified. She also pointed out the Post−Mortem Examination report wherein cause of death is recorded as "HEMORRHAGIC SHOCK DUE TO STAB INJURIES TO MAJOR VESSELS OF LEFT LEG". She therefore submitted that the Bail Application be rejected. After taking instructions, she submitted that the Applicant has no criminal antecedents. 6.

Perusal of the record shows that the incident in question took place on 8th April 2023, the Applicant was arrested on 9th April 2023 and the Charge−sheet was filed on 30th June 2023. As per the Charge−sheet, there are 36 witnesses proposed to be examined by the prosecution. There is no further progress in the trial and even the Charge is not framed yet. Accordingly, the trial is likely to take a considerably long time.

7.

The Applicant does not appear to be at risk of flight. 8.

The Applicant does not have any criminal antecedents. 9.

Accordingly, the Applicant can be enlarged on bail by imposing conditions.

10.

In view thereof, the following order:

Page No. 4/6

O R D E R

(a) The Applicant − Anaji alias Babari Krushna Anaji Gavade be released on bail in connection with C.R. No.89 of 2023 registered with the Malvan Police Station, Taluka−Malvan, District−Sindhudurg on his furnishing P.R. Bond of Rs.10,000/- with one or two sureties in the like amount.

(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.

(c) The Applicant shall report to the Malvan Police Station, Taluka−Malvan, District−Sindhudurg as and when called by the Investigatig Officer, until the conclusion of the trial.

(d) The Applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case, so as to dissuade such a person from disclosing the facts to the Court or to any Police personnel. (e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the Complainant or any prosecution witness in any manner.

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(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat.

(g) The Applicant shall surrender his passport, if any, to the Investigating Officer.

11.

The Bail Application is disposed of accordingly. 12.

It is clarified that the Trial Court shall decide the case on its merits, uninfluenced by the prima facie observations made in this Order. [MADHAV J. JAMDAR, J.] Page No. 6/6