1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3636 OF 2008 Prasad Vinod Tatikonda & Anr. .. Applicants. Vs. State of Maharashtra .. Respondent. Mr.H.V.Nimbalkar for the applicants. Mr.H.J.Dedia A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 19TH NOVEMBER, 2008. DATED : 19TH NOVEMBER, 2008. DATED : 19TH NOVEMBER, 2008. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicants are seeking bail in C.R.No.31 of 2008 of Dattawadi police station, Pune. The said crime has been registered against the applicants for having allegedly committed an offence punishable under sections 143, 147, 148, 149, 302 of IPC and section 37(1) r/w 135 of Bombay Police Act and section 4 r/w 25 of Arms Act. It is the case of the prosecution that on 2nd March, 2008 in the evening at about 7 pm when the deceased - Sagar was with his friends behind Marshal bakery, all the accused persons from Janata Colony went there and assaulted the deceased with the weapons they were armed with and committed his murder. 2 2 2 Insofar as the applicants are concerned they were allegedly armed with cricket bat and stump. The post mortem notes show that the deceased sustained 13 injuries including fracture. The cause of death, as opined by the Doctor, is due to the injuries on the head and the chest of the deceased. Looking to the statements of the complainant and other eye witnesses, prima facie, it is clear that the applicants were also responsible for causing injuries to the deceased. Merely because the eye witnesses have not stated on which part of body the applicants had assaulted does not mean that they are entitled to be released on bail. The evidence on record is sufficient to connect them with the alleged offence of murder. In the circumstances this is not a fit case to enlarge the applicant on bail. The application is rejected. . 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 without being influenced by the observations made in this order. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)