1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRMINAL APPLICATION (BA) NO. 559 OF 2011 (GAJANAN KHAJINRAO KHANDARE...VS..STATE OF MAH. THR. PSO KURHA.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. D.S.Dharaskar, Advocate for Applicant. Mr. M.J.Khan, A.P.P. for Respondent. CORAM : M.N.GILANI, J. DATE : NOVEMBER 14, 2011. This is an application under Section 439 of the Code of Criminal Procedure for releasing the applicant on bail in Crime No.147 of 2010, registered with Police Station, Kurha, Tahsil : Tiosa, District : Amravati under Sections 302, 376, 452, 354 read with Section 34 of the Indian Penal Code. The applicant, who stays in village Chenustha with his wife Vanita (since deceased) and three children, went to Police Station, Kurha and lodged report alleging that two persons entered in his house and they committed sexual intercourse with the deceased and had beaten her. The deceased was brought to the Hospital at Kurha and from there she was carried to Irvin Hospital, Amravati. On reaching there the doctor declared her dead. The investigation reveals some different story. Suspecting the chastity of the deceased the applicant/ accused started quarreling with her since afternoon of 04.11.2010. He had beaten her with hands and sticks. His father and mother had come to the house and carried her to the hospital, where she was declared dead. The incident was narrated by Arti Khandare, aged about 10 years and Ashish Khandare aged about 13 years both children of the applicant/ 2 accused. Post mortem note reveals that there were as many as ten injuries and some of them were on vital parts. There were fractures to right occipital lobe and right temporal lobe. In the opinion of the doctor, the death was caused due to head injuries. The contention of the learned counsel for the applicant is that the case of the prosecution rests upon the statements of the child witnesses and since last one year the accused is in jail and no purpose would be served by keeping him behind the bars till the trial is over. He, further contended that there was no intention on the part of the accused to cause death of the deceased. Post Mortem note reveals that there were ten injuries. Some of them were on vital parts and the death was because of the head injuries. In that light of the matter and at this stage it cannot be said that the offence committed is that of culpable homicide not amounting to murder. Considering the gravity and nature of the offence, the discretion of releasing the accused cannot be exercised. The application stands dismissed. JUDGE RR..