1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1417 OF 2010 1 Tammarao Basappa Patil ) 2 Hanmant Baburao Patil ) 3 Annarao @ Pintu Baburao Patil ) 4 Shrishail Basappa Patil ) 5 Jagdev Tammarao Patil )..Applicants Vs. The State of Maharashtra )..Respondent ­­­­ Mr. A. P. Mundargi Sr. Advocate i/by V. V. Purwant for the applicants. Mr.Shirish Gupte Sr.Advocate i/by Mr.P.G.Sarda for the original complainant. Smt. A. A. Mane APP for the State. ­­­­ Coram : R.S.MOHITE,J Date : 28 th April, 2010 PC 1 This is an application for grant of bail. The applicants are shown as accused in C.R.No.84/2009 registered by Akkalkot South Police station at the behest of the complainant one Shrimant Kore. The crime is registered for alleged offences under Sections 302, 307, 324, 326, 143, 144, 145, 146, 147, 148, 149, 109 & 188 of IPC. The incident in question took place on 26.9.2009 at 6.00 P.M. The deceased is one Bhimashankar Kore who is the brother of the complainant. There are in all 11 injured persons. Several of them are witnesses in this particular case. In so far as present applicants are concerned, it is not the case of the prosecution that they had assaulted the deceased. Against these applicants it is the allegation that they have assaulted some of the witnesses. Applicant no.1 has assaulted an injured witness Gafur Patil and caused fracture of 3 ribs. In my view, he has committed serious offence and his application is liable to be rejected. As far as applicant 2 nos.2, 3, 4 & 5 are concerned, applicant no.2 is alleged to have carried sword and assaulted witness Layappa Guddi. There is no sword injury on this witness but simple CLW. Applicant no.3 is alleged to have caused sword injury on witness Sangappa. The stab injury is described as simple. Applicant no.4 is said to have caused sword injury on witness Shivmurthi, the injury however is not a sword injury but a CLW which is simple in nature. Applicant no.5 Jagdev is said to have assaulted witness Kalappa with the stick. This injury is also described as simple. In the circumstances, in my view, benefit can be given to applicant nos.2 to 5. In the net result following order is passed :­ O R D E R 1 The application of applicant no.1 Tammarao Basappa Patil is rejected. 2 Applicant no.2 Hanmant Patil, applicant no.3 Annarao @ Pintu Patil, applicant no.4 Shrishail Patil and applicant no.5 Jagdev Patil are granted bail. It is therefore directed that pending their trial in connection with C.R.No.84 of 2009 registered by the Akkalkot South Police station, Solapur, they may be released on bail in the sum of Rs.20,000/­ each with one surety each in the like amount subject to the condition that they reside outside Akkalkot Taluka. Prior to their release, they will furnish addresses where they intend to reside to the Investigating officer in writing. They will report Investigating officer within whose jurisdiction they will reside once a fortnight on every 1st and 3rd Mondays of each month. The further condition of bail is they will not tamper with the witnesses and will remain present on all dates of their trial unless exempted. Application stands disposed off. (R.S.MOHITE,J) 3 4