1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLICATION NO. 2574 OF 2009 Shri Kisan Venkatrao Goud .. Applicant Vs State of Maharashtra .. Respondent Mr. S.K.Shinde i/b Satyajit Dighe, Advocate for the Applicant. Mrs. S.D.Shinde, APP, for the Respondent. CORAM : D.B.BHOSALE, J. DATE : 18/06/2009 PC: 1. Heard learned counsel for the applicant and learned APP for the respondent. 2. The applicant is seeking anticipatory bail in C.R.No.266 of 2009 of Ambad Police Station. The said crime has been registered against the applicant for having allegedly committed an offence punishable under sections 307,326,325,143,,147,148,149,504,427 of IPC and section 135 of the Bombay Police Act. 3. There are cross-complaints filed at the instance of the applicant (C.R.No.262/09) and the complainant in the instant case (C.R.No.266/09). In the cross-complaint, the applicant has T 2 stated that initially he was not at the scene of offence and he reached the scene of offence only when he was called by waiters working in his restaurant. He has further stated, after he reached the scene of offence and while he was trying to pacify both the groups, he was also assaulted in which he sustained several injuries including fracture. The C.R.No.262 of 2009, which came to be registered at the instance of the applicant, was at 2.20 am on 19.5.2009, whereas the CR. (C.R.No.266/09) against the applicant was registered on 19.5.2009 at 1.35 pm. In the FIR, the complainant has stated that the applicant called his waiters and they assaulted him and his companion, in which both sustained injuries including fracture. There is no allegation against the applicant having actually assaulted either to the complainant or his companion. The allegation against the applicant is that he only summoned his waiters, who rushed to the spot and assaulted the complainant and his companion. Having considered overall facts and circumstances of the case and the nature of allegations against the present applicant and considering that he also sustained the fracture in the incident, I am inclined to grant this application for anticipatory bail. In the event of arrest, applicant-Kisan Venkatrao Goud be released on bail in the sum of Rs.10,000/- with one or two sureties to make up the said amount, 3 subject to the conditions stipulated in sub-section (2) of Section 438 of Cr.P.C. Further, the applicant is directed to report to the concerned police station on every Wednesday and Saturday between 5 and 7 pm for a period of two months from today and thereafter as and when called. While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. Application is disposed of. (D. B. Bhosale, J.)