1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1189 OF 2010 Ram @ Khushiba Nivarti Kamble ..Applicant V/s The State of Maharashtra ..Respondent ..... Mr.C.G. Patil, Advocate for applicant Mr.K.S. Patil, APP for respondent. ..... CORAM : SHRIHARI P. DAVARE,J DATE : 16th April, 2010. PER COURT : 1. Heard Mr.C.G. Patil, learned counsel for applicant and Mr.K.S. Patil, learned A.P.P. for respondent. 2. This is an application preferred by applicant seeking bail in connection with C.R. No.211/2005, registered with police station Udgir(Rural), Dist.Latur for the offences punishable under Sections 307, 325, 504 of the Indian Penal Code, since applicant was arrested on 17th April, 2009 and he is in judicial custody presently. 2 3. It appears that offence has been registered on the complaint lodged by wife of applicant namely Sarjabai Ram Kamble on 21st December, 2005 in respect of the incident occurred on 20th December, 2005. It is alleged in the complaint that applicant herein used to consume liquor and abuse complainant frequently, as well as he used to assault her by kick and fist blows upon not giving money for liquor. Applicant wanted to sell his bullocks, since the complainant did not give money to him and accordingly, on 20th December, 2005 at about 9 a.m., he had called one Lamani for the said purpose to his house and showed him his bullocks. Thereupon the complainant asked the said Lamani to go away contending that the sale of bullocks would be considered after arrival of her sons. Hence, applicant herein got annoyed and threatened the complainant that he would kill her. Accordingly, he went out of the house and returned back at about 11 a.m. At that time, the complainant had gone to field and at about 4.50 p.m. on the said date, applicant went near the complainant in the field and assaulted her saying that why she did not permit him to sell bullocks and threatened her to kill her and accordingly removed 3 knife from his pocket. He, thereafter, caught hold the hair of complainant and caused her to fell down and sit on her stomach, holding her leg by left hand and gave 7 to 8 blows of knife on her private part and thereby she sustained bleeding injuries. Moreover, it is also alleged that applicant caught hold of her lips and cut the same by way of knife, thereby she sustained bleeding injuries on her lips. At this juncture, the complainant's daughter-in-law Sunita as well as niece Sunita arrived on the spot, and thereupon the applicant herein, who was armed with knife chased after them asking them why they arrived there, and hence they ran away and applicant also fled away. Thereafter, complainant was admitted in the hospital. 4. Injury certificate discloses that complainant sustained grievous injuries on her jaw and vagina by sharp weapon and accordingly, the said injury certificate and injuries disclosed therein co-relate with the allegations made in the complaint. Moreover, there are eye witnesses to the occurrence of incident, who also supported and substantiated the contentions 4 of the complainant herein. 5. Besides that, the manner in which, applicant herein caused injuries to the complainant appears to be brutal and complainant sustained grievous injuries on her vital parts of body and accordingly, life of complainant was in danger apparently. 6. Considering the facts and circumstances of the case, although investigation has been completed and charge sheet has been filed, it is not desirable to release applicant on bail, moreover, there is apparent danger and threat to the very life of complainant, who is wife of applicant, and therefore, application deserves to be rejected. 7. Present Criminal Application being sans merit, stands dismissed. (SHRIHARI P. DAVARE) JUDGE gas/cri1189.10