1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.5056 OF 2009 Satish Chandrakant Dixit ....Applicant Vs. The State of Maharashtra ....Respondent ----- Shri Revati Mohite -Dere for Applicant Mrs.S.D. Shinde -APP for State ----- CORAM: V.M. KANADE J. DATED: 11TH DECEMBER, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for the State. 2. The Applicant has been arrested in connection with an offence punishable under sections 302, 324, 504 read with section 34 of the Indian Penal Code registered vide C.R. No. 196 of 2009 with Yerawada Police Station, Pune. 3. The prosecution case is that on 24.4.2009, there was a quarrel between Shashikant Kore (deceased) and Shashikant Kanade. The reason for the dispute was that an objection was raised by Shashikant Kore over the children playing cricket in the parking area. 2 Thereafter, the wife of the Applicant intervened and questioned the said Shashikant Kore - deceased as to why he has abused her son. The deceased, however, abused her and, therefore, the present Applicant had an altercations with the deceased and both of them started assaulting each other with fist blows. At that time, son of the Applicant Suresh @ Joy, who was aged about 19 years old, suddenly took out a knife from his pocket and started assaulting the deceased on his head, neck, chest, stomach with a knife and, therefore, he succumbed to the injuries and died. 4. A complaint was filed by one Shankar Padawal against the Applicant and others. The Applicant also lodged a complaint against the Shashikant Kore- deceased, which was registered vide C.R. No. 197/09 for the offence punishable under sections 323, 324 of the Indian Penal Code. 5. The learned Counsel appearing on behalf of the Applicant submitted that there was sudden fight over the trivial dispute and the only role attributed to the present Applicant is that he had given fist blows to the deceased, who was also assaulting the present Applicant at that time. Several other members of the society, were also trying to intervene and resolve the dispute. At that time Applicant's son suddenly took 3 out the knife and assaulted the deceased. He, therefore, submitted that the Applicant could not have shared the intention of his son Suyesh @ Joy. 6. There is much substance in the submissions made by the learned Counsel for the Applicant. Prima facie, it does appear from the statement of the witnesses that the only role attributed to the present Applicant is that he was assaulting the deceased with fist blows. Unfortunately, trivial dispute suddenly turned out into a majour fight after the son of the Applicant started assaulting the deceased with knife. Prima facie it does appear that the Applicant could not have known that his son would carry a knife and assault the deceased with that knife. However, the Applicant is residing at that place and, therefore, certain conditions will have to be imposed on him before he is released on bail. 7. The Applicant, therefore, be released on bail in C.R. No. 196/2009 registered with Yerawada Police Station, Pune, in a sum of Rs.5,000/- with one or two sureties in the like amount. He shall not enter the jurisdiction of Yerawada Police Station during the pendency of the trial. He shall given his new address to the Superintendent of Jail before he is released on bail and report to the nearest police station from his 4 new residence once in a month. The Applicant shall be permitted to visit the house once to collect his belongings. 8. Application is disposed of. (V.M. KANADE J.)