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Bombay High CourtBA/57/2025disposed off

Kallappa Irappa Kamble v. The State Of Maharashtra

2025-11-28Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 57 OF 2025 Kallappa Irappa Kamble ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Satyavrat Joshi, Advocate for Applicant.

Ms. P.S. Rane, APP for the Respondent-State.

.....

CORAM

:

SHIVKUMAR DIGE, J.

DATE :

28th NOVEMBER 2025 P.C.

1.

By this application, applicant is seeking regular bail in Crime No.187 of 2023 registered with Umadi Police Station, District Sangli for the offences punishable under Section 302 of the Indian Penal Code, 1860 (for short "IPC").

2.

It is prosecution's case that on 13th June, 2023, the applicant murdered his wife by hitting on her head with stone. 3.

It is contention of learned counsel for applicant that the applicant is behind bar for more than two years. There is no progress in trial. The incident had occurred in spur of moment and requested to allow the application.

Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.12.01 17:17:10 +0530 SAJAKALI LIYAKAT JAMADAR

4.

It is contention of learned APP that the incident is witnessed by two minor children of the first informant. If applicant is released on bail, he may threaten the minor children, who are prosecution witnesses. Hence, requested to reject the application. 5.

I have heard both the learned counsels, perused the FIR and documents placed on record. It appears from record that the incident had occurred in spur of moment. The applicant is behind bar for more than two years. There is no progress in trial. It may take time to conclude the trial. The applicant has no antecedents. Considering these facts, I pass the following order :

ORDER

(i) Application is allowed;

(ii) The applicant be enlarged on bail in Crime No.187 of 2023 registered with Umadi Police Station, District Sangli, on executing P.R.Bond in the sum of Rs.20,000/- with one or two sureties in the like amount.

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the two minor children, who are witnesses or any person concerned with the case.

(iv) The applicant shall not enter into Jath Taluka till recording of evidence of two minor children, who are witnesses except attending the trial Court dates. (v) Applicant shall attend the Trial Court dates, regularly.

6.

The application is allowed in the aforesaid terms and is accordingly disposed off.

7.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.)