1 SNS IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1776 OF 2011 Rangrao Shripati Mane ..Applicant. v/s. The State ..Respondent. Mr. Kedar J. Patil, adv. for the Applicant. Mr. Y.S.Shinde, APP for the respondent/State. CORAM : J.H.BHATIA, J. DATE : 15th December, 2011 PC : 1 Applicant seeks to be released on bail in crime no.45 of 2011 registered with Shirala police station, District: Sangli under Section 302 IPC. The applicant and the deceased Ashok Mane were cousins inter-se. There was some disputes between them about cutting of the grass in the land adjoining each other. On 8.8.2011 when nephew of the present applicant was walking down on a road, the deceased had hit him with stone wrapped in a towel mischievously. Wife of the applicant went to the house of the deceased to ask why he had unnecessarily tried to play mischief. Thereafter, she came back. Later on, the deceased went to the house of the accused and thereafter the quarrel took place between the accused and the deceased. According to the prosecution, accused/applicant assaulted on the head of the deceased with stone and caused his death. 2 2 According to the applicant, the deceased was in drunken condition when he came to the house of the applicant. He abused and assaulted the applicant. During the scuffle, both of them were injured. P.M. Report shows that the deceased had suffered three injuries, one of them was on head. Alcohol was also found in his stomach. Autopsy surgeon opined that death was due to alcoholic intoxication and head injury. Medical certificate of the applicant also shows that he suffered three injuries on different parts of the body. From this, it appears that during scuffle, both of them had assaulted and injured each other. Eventually, the deceased had died because of injury on head, which was caused due to single blow with stone. Incident had also occurred at the house of the applicant. It shows that the deceased himself had come to the house of the applicant with an intention to quarrel. 3 In view of the above circumstances, the applicant be released on his executing PR of Rs.25,000/- with one or two sureties in the like amount with the condition that he shall not tamper with the prosecution evidence. (J.H.BHATIA, J.)