{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 666 OF 2010 1. Madhavrao @ Mahadu s/o Dhondiba Warwate Age-71 years, Occ-Nil R/o Shedole, Tq-Humnabad Dist-Bidar 2. Sharanbasappa s/o Siddhappa Sherikar Age-50 years, Occ-labourer R/o Okli, Tq-Gulbarga Dist-Gulbarga APPLICANTS VERSUS The State of Maharashtra Through police station officer Omerga police station, Omerga RESPONDENT ....... Mr. N.V.Gaware, Advocate for applicants Mr.N.B.Patil, APP for respondent State ....... [CORAM : A.V.POTDAR, J.] DATE: 4th March 2010 PER COURT: 1. By this application, the applicants have prayed to release them on bail in connection with CR No.138/2009 registered with Omerga police station, as the applicants are arrested on {2} 31.08.2009 and since then they are in jail and after completion of the investigation charge sheet has been filed on 24.11.2009, however not yet committed. 2. Heard learned counsel for the applicants and learned APP. 3. It appears that on 22.08.2009, one Vithal Sasture noticed certain gunny bags near a bridge situated on National Highway No.9 near village Dhakewadi. Accordingly, he reported the said matter to the police station Omerga. The police found three gunny bags containing 8 pieces of human body. Consequently, offence at CR No.138/2009 came to be registered against unknown persons. Thereafter a news was flashed in newspapers on 30.08.2009 and one Vishwanath came forward, who identified that the said body that it was of his cousin Devidas. Accordingly, one Mallikarjun, present applicants and two others, are arrayed as suspects. 4. From the condition of the deadbody, it is cannot be disputed that the death is homicidal. Further it has to be noted that the case of prosecution rests on circumstances. Statement of Vishwanath discloses that there was long standing dispute over an agricultural land sold by the family members of the deceased, which is pending before the Tahsildar. Present applicant No.1 appears to be a mediator to the said transaction and applicant No. {3} 2 is the servant of main accused Mallikarjun. The main accused Mallikarjun is alleged to be the master mind behind the land transaction, which is said to be the motive behind the murder of Devidas. Statements of the witnesses recorded during the investigation disclose that on 21.08.2009 the applicant No.1 had been to the house of deceased from where he was taken to Humnabad under the pretext to attend the court matter. Further statement of the witnesses disclose that applicant No.1 was in the company of the deceased throughout the day and later on deceased was taken to one agricultural field situated in the state of Karnataka where remaining accused were present. During the course of investigation it is revealed that after administering liquor to Devidas, he was murdered and his body was cut into pieces by the accused. The said spot is shown and traced at the instance of main accused Mallikarjun. Role alleged against applicant No.2 is that he has participated initially in assault and later in cutting the body into pieces. So far as recovery at his instance of applicant No. 2 is concerned, the banyan used at the time of incident is recovered so also he pointed out the spot where burnt pieces of Chappal of deceased were recovered. Human bones so also a nylon rope used to tie the gunny bags was recovered at the spot. At the same time, part of the cloths on the body of the deceased were recovered. From this it is clear that the role alleged against the applicant No.1 is to bring the deceased at the spot and role alleged against applicant No.2 is he has participated in the murder of the deceased. It is urged that deceased Devidas was not an innocent {4} person, as alleged, however there were several cases pending against him. Hence, it is urged that considering the age of the applicant No.1, i.e. 71 years and as he requires instant medical treatment, which is supported by a report received from Osmanabad civil hospital, it is urged to release him on bail. Considering this aspect, though no case made out on merits, yet considering the ailment of applicant No.1, case is made out to release him on bail, however no case is made out to release the applicant No.2 on bail. 5. In the result, the application is partly allowed. Applicant No.1 be released on bail on his furnishing solvent surety in the sum of Rs.25,000/- and on executing PR bond in the like amount. Applicant No.1 to report the Omerga (Rural) police station on 25th and 28th day of each month between 2 and 5 p.m. Applicant No.1 is at liberty to apply for relaxation of this condition after commencement of the trial before the concerned Sessions Court. Applicant No.1 not to enter village Chandanhalli till disposal of the Sessions Case. Application of applicant No.2 is rejected. [A.V.POTDAR, J.] drp/A10/criapln666-10