1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 1837 OF 2010 (Potaraju Madnayya Gora .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri R.R. Vyas, Advocate for the applicant. Shri S.M. Bhagde, APP for the respondent/State. CORAM : PRASANNA B. VARALE, J. 14TH DECEMBER, 2010. Heard. By way of present application, the applicant is seeking regular bail for the offence punishable under Section 302 of the Indian Penal Code vide Crime No.21/2010 registered with the Police Station, Sironcha, District Gadchiroli. The report is lodged by the aunt of the applicant stating there that the applicant, who had been to village Kambalpetha, Tahsil Sironcha where his father was residing. The applicant visited his father with his wife and two children. On that day, in the evening, the applicant left the house and returned back telling his aunt that he has killed his father as his father used to damage his household articles and used to abuse his wife. Learned Counsel for the applicant submits that there is no material against the applicant except the statement which is in the form of extra judicial confession and the same is being a weak piece of evidence and the circumstantial evidence, there are remote chances that the conviction will be recorded against the applicant. Learned Counsel for the applicant submits that in view of this material against the applicant, the applicant deserves to be released on bail. Per contra, learned APP has strongly opposed the application by filing reply on behalf of the respondent/State. The material collected by the investigating agency is perused by me. From the material collected so far it reveals that the applicant made immediate disclosure to the aunt about commission of the 2 act. It further reveals that the weapon used in the offence i.e. stick is recovered at the instance of the applicant. The statement of one Smt. Pusaka recorded by the investigating agency reveals that the applicant was shouting on the spot and was having stick in his hand; whereas the victim was lying on the ground. The Postmortem report shows the opinion about the cause of death i.e. traumatic injury with fracture ribs with multi organ injury with hemorrhagic shock with cardio- pulmonary arrest. The Postmortem report further reveals that on internal examination, it is observed that the hematoma under the scalp at occipital and both temporal region. Learned APP further submits that the witnesses are from the village and the apprehension is expressed that if the applicant is released on bail he may pressurise the witnesses. He also submits that it is also an apprehension in the mind of investigating agency that the village where the applicant resides is near the border of two States i.e. Andhra Pradesh and Chhatisgarh and if the applicant is released, there is every possibility that he may abscond in the adjoining States and as such he may not be available for the trial. Learned Counsel for the applicant to support his contention, refers the judgment of the Apex Court in the matter of Krishnegowda and others .v. State of Karnataka (reported in AIR 2000 SC 373). It is not in dispute that though the Apex Court while observing the nature of evidence i.e. about extra judicial confession found that it is a very weak piece of evidence, in my opinion, the judgment is not applicable to the present case as apart from extra judicial confession there is other material i.e. stick is recovered at the instance of the applicant as well as medical evidence; whereas in the case of Krishnegowda and others (cited supra), medical evidence was not supporting to the case of the prosecution. In view of the strong material against the applicant as well as the apprehension expressed by the investigating agency which is justified, I am of the opinion that there is a prima facie 3 case against the applicant and the applicant is not entitled to be released on bail. In the result, the application is rejected. JUDGE *rrg.