- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2900 /2010 Dattatraya Ganpatrao Kulkarni, age 45 yrs., occu.agri., r/o Jagaji, Tq. & Dist.Osmanabad. ...Applicant.. Versus The State of Maharashtra. ...Respondent... ..... Smt.S.S. Jadhav, Advocate for applicant. Smt.V.A. Shinde, APP for respondent. ..... CORAM: A.V. POTDAR, J. DATE: 28.07.2010 PER COURT: - 2 - 1] By the present application, the applicant has approached this Court for release on regular bail in connection with Crime No.53/2010 registered in Dhoki Police Station of District Osmanabad for the alleged offence u/s 143 to 149 r/w 302 of I.P.C., in which he came to be arrested on 20.6.2010 from his residence. 2] Heard counsel for the applicant and learned APP for the State. Also perused the papers of investigation till carried out. 3] It appears that the said offence came to be registered on the complaint of one Dnyanoba Rambhau Savant about the incident which took place at about 9 a.m. of 19.6.2010 wherein it is alleged that when two sons of complainant by name Sandipan and Rameshwar were performing agricultural operations in their field, at that time the owners of the adjacent fields along with the applicant came there and assaulted on son of the complainant by name Sandipan with one of the agricultural equipment styled as “Rumane”, wherein he was taken to hospital where he was reported dead. 4] With the help of learned APP, perused the papers of investigation. Those papers indicate that at the time of alleged incident, the present applicant was not present at the spot where the incident occurred. The only evidence against the applicant is that in the morning, the applicant had visited the residence of the complainant. That itself is not the incriminating evidence against the applicant. In view of this, considering the investigation till carried out, case is made out to - 3 - enlarge the applicant on bail. Hence, the following order. 5] Application is allowed. Applicant be released on bail on furnishing surety in the sum of Rs.10,000/- and on executing P.R. Bond in the like amount. After release on bail, the applicant to give attendance in Dhoki Police Station if required on the written intimation by the investigating officer concerned. Application stands disposed of accordingly. (A.V. Potdar, J.) ndk/cr2871017