(1) CR.APP. 1441.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1441 OF 2009 1] Kuber S/o Ganpat Chavan, Age: 25 years, Occu.: Agri., 2] Shankar S/o Ganpati Chavan, Age: 35 years, Occu.: Agri., 3] Devidas S/o Ganpat Chavan, Age: 28 years, Occu.: Agri., 4] Ganpat S/o Tukaram Chavan, Age: 55 years, Occu.: Agri. 5] Shankar S/o Maroti Mule, Age : 35 years, Occu.: Agri. 6] Satish S/o Vijay Mule, Age: 26 years, Occu.: Agri. All R/o Palsa, Tq. Hadgaon, Dist. Nanded .. Applicants Versus The State of Maharashtra, Through Police Inspector, Police Station, Manatha, Tq. Hadgaon, Dist. Nanded .. Respondent Mr. Ganesh P. Shinde, Advocate for the Applicants Smt. R.R. Mane, APP for the Respondent-State CORAM : A.V. NIRGUDE, J. DATED : 13TH JULY, 2009 ORAL ORDER:- 1] The applicants are seeking anticipatory (2) CR.APP. 1441.2009 bail in crime no.21 of 2009 of Manatha Police Station, Dist. Nanded for the offences punishable under section 307, 323, 504, 506, 452, 420 r/w. 34 of the Indian Penal Code. 2] The incident in question took place on 5.9.2008. The applicant no.2 initially lodged a complaint about this incident on the next day, alleging that while his brother Kuber was walking past the houses of Nana, Dadarao and others, Nana, Dadarao and others attacked him with sticks etc. He said he and his father rushed for rescuing Kuber and they too sustained injuries in the melee. The Police on the basis of his complaint registered offence vide crime no. 43 of 2008. Nana Dadarao and others were arrested in the said crime for offences punishable under section 143, 147, 148, 149, 323, 341, 326 IPC. After 2-1/2 months of the incident, Nana Dadarao filed a private complaint in the Court of the Judicial Magistrate First Class, Hadgaon about the same incident that occurred on 5.9.2008. The learned Magistrate directed investigation under section 156(3) of the Code of Criminal Procedure. The Police registered offence (crime no.21 of 2009). The applicants approached the learned Additional Sessions Judge, Nanded for anticipatory bail but he refused them anticipatory bail. 3] As said above, rather belatedly Nana had (3) CR.APP. 1441.2009 lodged a private complaint in which he made serious allegations against the applicants and others. He said in his private complaint that at the time of incident, the applicants and others tried to administer insecticide to one Gajanan. But Nana’s complaint lodged on 5.9.2008 is also on record. In this complaint, he simply stated that Kuber had hit him with insecticide’s can and due to the impact, can burst resulting into the insecticide falling on his person and on the persons of the others. The Police obviously did not take cognizance of this complaint and ignored it as a non-cognizable case. As said above, on the other hand the Police took cognizance of the applicant no.2’s complaint and registered offence against Nana and others. It is obvious that Nana has exaggerated account of the incident in his private complaint. The applicants in such situation, deserve anticipatory bail. 4] In the event of the arrest of the applicants in crime no.21 of 2009 of Manatha Police Station, they shall be released on bail of Rs.5000/- (Rs. Five Thousand) each with one surety each in the like amount. 5] Criminal Application stands disposed of. Sd/- (A.V. NIRGUDE, J.) arp/13july9/cr1441.09