1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1109 OF 2010 Shankar Dattatraya Karampure and others ..Applicants V/s The State of Maharashtra and another. ..Respondent ..... Mrs.S.S. Jadhav, Advocate for applicants. Mr.D.V. Tele, APP for respondents. ..... CORAM : SHRIHARI P. DAVARE,J DATE : 8th April, 2010. PER COURT : 1. Heard Mrs.S.S. Jadhav, learned counsel for applicants and Mr.D.V. Tele, learned A.P.P. for respondents. 2. This is an application preferred by applicant nos. 1 to 3 seeking anticipatory bail apprehending their arrest in connection with C.R. No.65/2010 registered with Tophkhana Police Station, Ahmednagar for the offences punishable under Sections 302, 143, 147, 148 2 and 149 of Indian Penal Code and under Section 37(1) (3) and 135 of Bombay Police Act. 3. At the outset Mrs.S.S. Jadhav, learned counsel for applicants, on instructions, requested to withdraw application in respect of applicant no.2-Rupali Ramesh Mehsuni and applicant no.3-Sagar Vitthal Karampure with liberty to file fresh application if required. Considering the said submission, present application to the extent of said applicant nos.2 and 3 stands dismissed as withdrawn with liberty to file fresh application for anticipatory bail, if required. 4. Accordingly, the present application proceeds in respect of applicant no.1 namely Shankar Dattatraya Karampure, who is brother of applicant no.2 namely Rupali. 5. It appears that the offence was registered on the basis of dying declaration of victim namely; Ramesh Mehsuni which was recorded on 1st March, 2010. On perusal of the contents of dying declaration, it appears that the said dying declaration is silent 3 about the presence in respect of applicant no.1- Shankar at the place of incident, but in later part of the said dying declaration it is alleged that applicant no.1-Shankar along with other co-accused persons set on fire the victim in collusion with each other. Hence, the presence of applicant no.1 Shankar itself has not been stated in the said dying declaration, and hence, the allegations in respect of his collusion with other co-accused persons to set her on fire, apparently comes under suspicion. 6. In view of the said position, I am of the view that there is possibility of false implication of applicant no.1 in the alleged crime, and hence, application preferred by applicant no.1-Shankar deserves to be allowed since his custodial interrogation apparently is not necessary. 7. In the result, present application to the extent of applicant no.1-Shankar Dattatraya Karampure is allowed and it is directed that in the event of arrest of said applicant no.1 in connection with C.R. No. 62/2010 registered with Tophkhana Police Station, 4 Ahmednagar, he be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing the P.R. bond in the like amount on the following conditions:- (i) Applicant shall attend the concerned Police Station as and when required and shall co-operate with the investigation. (ii) Applicant shall not tamper with prosecution evidence and shall not influence upon the prosecution witnesses directly or indirectly. 8. Present application in respect of applicant no.2- Rupali Vitthal Karampure and applicant no.3-Sagar Vitthal Karampure stands dismissed as withdrawn. 9. The above observations are prima facie observations and shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. 10. Needless to say, aforesaid anticipatory bail shall be in force till filing of charge sheet. (SHRIHARI P. DAVARE) JUDGE gas/cri1109.10