1 CA4814/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4814 OF 2011 Hanmant Basvantappa Hese Applicant V E R S U S The State of Maharashtra Respondent Shri M.L. Dharashive, Advocate for the applicant Shri D.R. Korde, A.P.P. for the respondent / State CORAM : R.Y. GANOO, J. DATED : 24th November, 2011 PER COURT : 1. Heard learned Advocates of both sides. 2. The applicant apprehends arrest in CR No. 68 of 2011 of Kukramabad Police Station, District Nanded. 3. The F.I.R. indicates that the dead-body of Sami Parate was found lying in the agricultural lands which are owned by the present applicant. The post-mortem was conducted and the deceased is said to have died on account of electric shock. According to the prosecution, the field owned by the present applicant was fenced with barbed wire and electricity current was passing through the said wire fencing, and that is how, as the deceased entered the field of the applicant, he suffered electric shock and he has died. 4. According to the prosecution, originally the case was registered under Section 302 of the Indian Penal Code. Thereafter, it was brought down to Section 304 (II) of the Indian Penal Code. The applicant apprehends arrest on account of the allegations of committed the offence under Section 304 (II) of the Indian Penal Code. 2 CA4814/11 4. Having perused the police papers, I am inclined to observe that no prima facie case is made out that the applicant having committed an offence under Section 302 or under Section 304 (II) of the Indian Penal Code on the basis of the papers which were made available to the Court as of today. If it is the case of the prosecution that the barbed wire fencing was electrified by the applicant and what is being stated by the prosecution is correct, at the most, charge under Section 304-A of the Indian Penal Code can be said to have made out. Of course, this observation is prima facie in nature. If this is so, offence under Section 304-A of the Indian Penal Code is bailable, and hence, the anticipatory bail application would not lie and is accordingly dismissed. ( R.Y. GANOO, J. ) SRM/ca/4814/11/24/11/11