IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4431 OF 2008 CRIMINAL APPLICATION NO. 4431 OF 2008 CRIMINAL APPLICATION NO. 4431 OF 2008 1. Chandrakant Timanna Manjulkar, 2. Parmanand @ Parmeshwar Tipanna Manjulkar, 3. Siddaram Timanna Manjulkar, 4. Timanna Nagappa Manjulkar ...Applicants (Orig.Accused) vs. The State of Maharashtra ...Respondent Mr.V.V. Purwant for the Applicants. Mrs.M.H. Mhatre, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 7, 2009 DATED : JANUARY 7, 2009 DATED : JANUARY 7, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants and APP for the State. 2. At the outset, the learned Counsel for the applicants candidly states he does not wish to press the application for bail on behalf of applicant no.2 - Parmanand @ Parmeshwar Tipanna Manjulkar. All the applicants have been arrested for the offence punishable under Section 302 read with Section 34 of the IPC registered with Akkalkot North Police Station, Solapur, vide C.R.No.80/2008. - 2 - 3. Prosecution case is that deceased Ramchandra had an altercation with one of the applicant after they had consumed country liquor. The deceased abused Chandrakant Manjulkar - applicant no.1. There was quarrel between the two and after sometime, Chandrakant - applicant no.1 and Siddaram Manjulkar - applicant no.3 assaulted the deceased with a wooden stick on his head and applicant no.4 - Timanna Manjulkar assaulted him by giving fist and kick blows. At that time, applicant no.2 - Parmanand Manjulkar took out a knife and gave blows on the chest and neck of the deceased as a result of which Ramchandra died on the spot. 4. Counsel for the applicants submitted that both the eye witnesses have stated that applicant nos.1 and 3 had assaulted the deceased with a wooden stick on his head and applicant no.4 had given fist and kick blows. He invited my attention to the post mortem notes which indicate that no injuries were caused to the head of the deceased. All the injuries were caused as a result of the knife blow which was given by the applicant no.2 on - 3 - the chest and neck of the deceased. The doctor also has given his opinion that the cause of death was due to incised wound caused on the chest and neck of the deceased. 5. It is apparent that due to sudden fight between the deceased and the applicants, applicant nos.1 and 3 had given blows with a stick. No injuries were caused as a result of the said blows given by him. Applicant no.4 had given fist blows and kick blows. No injuries apparently has been caused as a result of the said blows and the cause of death is due to the incised injuries caused by applicant no.2. There is no material on record to indicate that the applicant nos.1, 3 and 4 shared the common intention of applicant no.2 to cause the death of Ramchandra. Under these circumstances, therefore, applicant nos.1, 3 and 4 deserves to be released on bail. The application of applicant no.2 is dismissed since it is not pressed at this stage. 6. Applicants no.1, 3 and 4 be released on bail in the sum of Rs.5000/- each with one or two sureties in - 4 - the like amount. They, however, shall report to the concerned police station once in a month. 7. Needless to state that the trial court shall not be influenced by any observation made by this court while granting bail to the said applicants since it is only a prima facie view of the court. 8. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)