1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3705 OF 2009 1. Navnath Vitthal Hake 2. Eknath Vitthal Hake 3. Nagnath Vitthal Hake 4. Bhamabai Nagnath Hake 5. Rukmini Jagannath Hake ........ Applicants versus The State of Maharashtra ........Respondent. Mr. A.P. Mundargi Sr. counsel i/b Priyal G. Sarda adv. for the Applicant Mr. J.P. Yagnik APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 01st September,2009. P. C.: 1. The present applicants are original accused nos. 2,11,12,13 and 14 respectively in C.R. No. 83/09 registered with Solapur Taluka police station for offence under section 302, 307, 147, 148, 149, 323, 504, 506 of IPC and u/sec. 7(1)(D) of the Civil Rights Protection Act along with 3 (1)(10) and 6 of the S.C. & S.T. (Prevention of Attrocities) Act and sec. 135 of B.P.Act. The applicants are seeking regular bail under section 439 of Cr.P.C. 2. One Raju Mane, the deceased happens to be the husband of 2 the complainant Anjana Raju Mane. The complainant is permanent resident of Varalegaon Taluka Solapur. According to the FIR, on 4­4­2009 when the husband of the complainant was in front of his house at about 10.30 a.m., two persons from the nearby vasti by name Laxman and Jagannath who are Dhangar by caste, appeared at the scene of offence and while abusing he deceased, assaulted him by stick and sword. The complainant tried to intervene by saying that the deceased be not beaten. The said two named persons laxman and Jagannath abused the complainant and insulted him with reference to the caste, he being Mahar. The said two persons are stated to have said that they will make a second khairalanji (reference is to similar offence committed against persons from Mahar community at khairalanji). It is specifically stated that Laxman had assaulted with sword on account of which Raju the deceased was seriously injured and fell down. At that point of time some persons from the complainant’s side had intervened with a view to protect the injured and the complainant. However the present applicants in the company of some others, all belonging to Dhangar community, approached the residential `vasti’ of the complainant and started pelting stones at their houses and also started assaulting those persons with stick, stone and axe. The persons from the complainant’s side who had come to protect the complainant and her husband also suffered injuries. The injured persons were removed to civil hospital for treatment. Raju the husband of the complainant expired on 5­5­2009 i.e after a period of one month. The cause of death as 3 referred to in the post mortem report is bilateral pnenmonitis. The deceased was hospitalised for a period of one month, Some of the injuries had healed whereas the head injury had not healed and the patient had also developed bed soars and died on account of pnenmonitis. 2. On perusal of the injuries suffered by others it is seen that one Raju Kamble had suffered one greivous hurt on account of fracture to the left forearm and other injuries are simple in nature. There is no difinite role attributed to any of the present applicants in the incident that had taken place on 4­4­2009 as narrated by the complainant. Vague and general allegations to the effect that the present applicant in the company of others had attacked the vasti, by pelting stones and with sticks and axe and caused injuries. None of the applicants have been attributed with an act of assault on the deceased. The applicants have been stated to have attacked other persons barring the deceased. 3. Perused the statement of other witnesses as well. None of the witnesses have stated that any of the applicants have assaulted the deceased. Applicant nos. 4 and 5 are women whereas the applicant nos.1,2 and 3 are elderly persons aged about 60/62 years. No specific overt act has been attributed to any of the applicants. 14 persons are charged with the offence out of which the present five applicants have moved the present application for bail. The applicants are in custody since April 2009 for last about 5 months. In the submission of the learned counsel for the applicants, the applicants are very poor persons and are the daily 4 bread earners in the family and have no criminal antecedents. It appears that on account of some quarrel that had taken place at the time of `bailpola’ festival in the year 2007 the present incident had happened. Having regard to the totality of the facts and circumstances, I am of the view that this is a fit case for grant of bail. In the result the following order is passed. 4. The applicant nos. 1.2.3.4 and 5 shall be released on bail on executing personal bond in the sum of Rs. 5000/­ each with one or two sureties in the like amount. The applicants shall not enter Varlegaon village for a period of three months from today. The applicant shall furnish their new address where they propose to reside for a period of three months, to Solapur Taluka police station within one week from their release from jail. The applicants shall attend the police station once a week on Saturdat between 8 and 9 in the morning for a period of three months. The applicants shall not make any attempt to pressuarise the witnesses or tamper the evidence. Application is disposed of. (A. P. Deshpande, J.)