*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3816/2009 Mangesh Bajirao Khalse. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.Ramesh Dube Patil, Advocate i/b M/s Jay and Company, for the Applicant. Mr.Y.M.Nakhwa, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 25th August, 2009. PC:- 1 The present Applicant is apprehending arrest in Crime No.I-306/2009 registered at Pachvati Police Station, Nashik for the offences punishable under Sections 143, 147, 148, 149, 323, 326 of the Indian Penal Code and under Section 135 of the Bombay Police Act. 2 According to the prosecution, the present Applicant’s cousin was murdered in the year 2006 and the present Applicant and his family members were suspecting that the offence is committed by the family members of the Complainant. They had voiced their suspicion to the Police and the Police registered the offence only against some of them. The paternal aunt of the *2* Applicant had written to the authorities to take action against others as well. The Applicant and his family members were, on that count, having grudge against the family members of the Complainant. On 19.06.2009 at about 11:00 pm the Complainant’s wife informed him that Mohan Govind and Babu Govind who happens to be the sons of the maternal uncle of the Complainant were being beaten by the children of Khalse, meaning thereby the present Applicant and others. The Complainant, hence, immediately reached the spot of incident and at that time, the brother of Applicant by name Ravi had assaulted Nilesh on his head by sickle (Koyata) whereas the present Applicant had assaulted the brother of Complainant by name Mangesh on his head with sword. On the FIRs lodged by both the sides, cross-cases are registered. 3 True it is that the Applicant had also sustained the injuries and was hospitalized, hence, could not be arrested earlier. According to the prosecution, as the Applicant had assaulted the brother of Complainant with sword, the weapon used in the offence has to be recovered. A definite overt-act is attributed to the Applicant. The record reveals that there is deep rooted enmity between the two families. 4 Having regard to totality of the facts and circumstances, in my view this is not a fit case for grant of anticipatory bail. In the result, the Application is rejected. (A.P. Deshpande, J)