1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPlICATION NO. 2355 OF 2007 APPlICATION NO. 2355 OF 2007 APPlICATION NO. 2355 OF 2007 1.1.1. Shri Shri Shri Jalindhar Namdeo Patil Jalindhar Namdeo Patil Jalindhar Namdeo Patil 2.2.2. Shri Shri Shri Machhindra Namdeo Patil Machhindra Namdeo Patil Machhindra Namdeo Patil both both both residing residing residing at Mandur,Taluka at Mandur,Taluka at Mandur,Taluka Shirala, Shirala, Shirala, District Sangli. .. Applicants District Sangli. .. Applicants District Sangli. .. Applicants vs vs vs State State State of Maharashtra of Maharashtra of Maharashtra (at (at (at theinstance theinstance theinstance of Kokrud Police of Kokrud Police of Kokrud Police Station, Station, Station, Taluka Taluka Taluka Shirala) .. Respondents Shirala) .. Respondents Shirala) .. Respondents Mr.Prakash Mr.Prakash Mr.Prakash Naik for Applicants Naik for Applicants Naik for Applicants Mr.S.S.Pednekar, Mr.S.S.Pednekar, Mr.S.S.Pednekar, APP APP APP for for for Respondents Respondents Respondents CORAM CORAM CORAM : : : V.C.DAGA, J V.C.DAGA, J V.C.DAGA, J DATED DATED DATED : : : 8th August, 2007 8th August, 2007 8th August, 2007 P.C. P.C. P.C. 1.1.1. Heard learned Advocate for the applicants and Heard learned Advocate for the applicants and Heard learned Advocate for the applicants and the the the learned A.P.P. learned A.P.P. learned A.P.P. for the State. for the State. for the State. 2.2.2. Perused the application and the material Perused the application and the material Perused the application and the material available available available on record. on record. on record. 3.3.3. This is an application for grant of bail under This is an application for grant of bail under This is an application for grant of bail under section section section 439 of Cr.P.C. in C.R.No.44 of 2006 439 of Cr.P.C. in C.R.No.44 of 2006 439 of Cr.P.C. in C.R.No.44 of 2006 registered registered registered with Kokrud police station for the with Kokrud police station for the with Kokrud police station for the offences offences offences under sections 498-A, 306 read with under sections 498-A, 306 read with under sections 498-A, 306 read with section section section 34 of IPC. The applicant nos.1 and 2 are 34 of IPC. The applicant nos.1 and 2 are 34 of IPC. The applicant nos.1 and 2 are real real real brothers. Applicant no.2 is the husband of brothers. Applicant no.2 is the husband of brothers. Applicant no.2 is the husband of the the the deceased Alka. The mother-in-law has already deceased Alka. The mother-in-law has already deceased Alka. The mother-in-law has already been been been enlarged on bail she being a woman about 60 enlarged on bail she being a woman about 60 enlarged on bail she being a woman about 60 years years years of age. So far as applicant no.2 is of age. So far as applicant no.2 is of age. So far as applicant no.2 is 2 concerned, concerned, concerned, there is an overwhelming prima facie there is an overwhelming prima facie there is an overwhelming prima facie evidence evidence evidence showing showing showing a demand for money and that of ill a demand for money and that of ill a demand for money and that of ill treatment treatment treatment to the deceased. It is no doubt true to the deceased. It is no doubt true to the deceased. It is no doubt true that that that there are certain allegations against the there are certain allegations against the there are certain allegations against the applicant applicant applicant no.1 being a family member. The no.1 being a family member. The no.1 being a family member. The complainant complainant complainant has also made a complaint against him. has also made a complaint against him. has also made a complaint against him. However, However, However, those allegations are general in nature. those allegations are general in nature. those allegations are general in nature. In In In that view of the matter, learned Advocate for that view of the matter, learned Advocate for that view of the matter, learned Advocate for the the the applicants has pressed the application only for applicants has pressed the application only for applicants has pressed the application only for applicant applicant applicant no.1. no.1. no.1. 4.4.4. The learned APP while opposing the application The learned APP while opposing the application The learned APP while opposing the application for for for bail submitted that the witnesses are from the bail submitted that the witnesses are from the bail submitted that the witnesses are from the very very very locality in which the present applicants are locality in which the present applicants are locality in which the present applicants are residing residing residing and as such, it would not be proper to and as such, it would not be proper to and as such, it would not be proper to release release release the applicants on bail as the possibility the applicants on bail as the possibility the applicants on bail as the possibility of of of tampering the witnesses cannot be ruled out. tampering the witnesses cannot be ruled out. tampering the witnesses cannot be ruled out. 5.5.5. Learned Advocate appearing for the applicants Learned Advocate appearing for the applicants Learned Advocate appearing for the applicants urged urged urged that in so far as applicant no.1 is that in so far as applicant no.1 is that in so far as applicant no.1 is concerned, concerned, concerned, he shall stay outside village Mandur, he shall stay outside village Mandur, he shall stay outside village Mandur, Taluka Taluka Taluka Shirala District Sangli and shall not enter Shirala District Sangli and shall not enter Shirala District Sangli and shall not enter into into into the said village until the trial is over. the said village until the trial is over. the said village until the trial is over. 6.6.6. In the above circumstances, I am inclined to In the above circumstances, I am inclined to In the above circumstances, I am inclined to grant grant grant bail to the applicant no.1 and reject the bail to the applicant no.1 and reject the bail to the applicant no.1 and reject the prayer prayer prayer with with with respect to the applicant no.2 (husband) respect to the applicant no.2 (husband) respect to the applicant no.2 (husband) Machindra Machindra Machindra Patil. Bail to the applicant no.1 is Patil. Bail to the applicant no.1 is Patil. Bail to the applicant no.1 is granted granted granted on the following terms and conditions : on the following terms and conditions : on the following terms and conditions : 3 1.1.1. That he shall furnish a personal bond in That he shall furnish a personal bond in That he shall furnish a personal bond in the the the sum of Rs.25,000/- with one surety in sum of Rs.25,000/- with one surety in sum of Rs.25,000/- with one surety in the the the like amount ; like amount ; like amount ; 2.2.2. He shall not enter village Mandur Taluka He shall not enter village Mandur Taluka He shall not enter village Mandur Taluka Shirala Shirala Shirala District Sangli during pendency of District Sangli during pendency of District Sangli during pendency of the the the trial and ; trial and ; trial and ; 3.3.3. That he shall furnish his residential That he shall furnish his residential That he shall furnish his residential address address address to the Investigating Officer and to the Investigating Officer and to the Investigating Officer and shall shall shall report to the nearest police station report to the nearest police station report to the nearest police station twice twice twice in a week i.e. on Monday and Friday in a week i.e. on Monday and Friday in a week i.e. on Monday and Friday between between between 3 to 5 p.m. 3 to 5 p.m. 3 to 5 p.m. 4.4.4. That he shall not contact any That he shall not contact any That he shall not contact any prosecution prosecution prosecution witnesses witnesses witnesses or pressurise them nor or pressurise them nor or pressurise them nor shall shall shall he attempt to destroy the prosecution he attempt to destroy the prosecution he attempt to destroy the prosecution evidence. evidence. evidence. Breach Breach Breach of any of above conditions would entail of any of above conditions would entail of any of above conditions would entail cancellation cancellation cancellation of this order. of this order. of this order. Application Application Application is accordingly disposed of. is accordingly disposed of. is accordingly disposed of. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) 4