1 Cri.Appln.No.581/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.581/2011. (Vishwanath s/o Nivrutti Hagare and Ors. Vs. The State of Mah.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mrs.SS Jadhav, Adv. for applicants; Mr.KS Patil, APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 7 th March, 2011. ... 1) Heard. 2) The accused/applicants, in custody from 5th October, 2010, in connection with Crime No.54/2010, registered at Tamalwadi police station, District Osmanabad, seek bail for an offence under Sections 302, 143, 147, 148, 149, 323 of IPC, for the events dated 5th October, 2010. 3) Owing to agricultural operations, there was clash between the complainant, she was allegedly assaulted. In order to take assistance from the villagers, she rushed to the village from her field, but she could not get any assistance. She thereafter rushed back to the field, where her son Tukaram was already performing agricultural operations. In the brawl that has taken place, Tukaram was battered by the accused to death. In the initial statement dated 5th October, 2010, present applicants/accused are not named, barring informing that there was litigation between applicants and Bhagwat Hagare and – or Tukaram. In the supplementary statement dated 6.10.2010, Sajabai, the complainant, has implicated the accused/applicants, claiming that they were initially sitting near the tree and when her son Tukaram was being assaulted, one of the accused – 2 Cri.Appln.No.581/2011 Vishwanath Bhagre handed over the axe to Vikas @ Gendev Hagare, while said Vishwanath Nivrutti and Kashinath caught hold Tukaram, Navnath, Ganpat and Vishwanath Hagare controlled the legs of Tukaram, he was subdue and Vishwanath Nivrutti shouted Sadhu to assault Tukaram, naming Sadhu (Vikas). Consequent thereupon, allegedly, Vikas assaulted with the axe to Tukaram. Vishwanath Nivrutti had removed a fork from his pocket and inflicted Tukaram. 4) The applicants/accused, as stated above, are in custody from 5th October, 2010. In the first statement of the Complainant, as illustrated, they are not roped as assailants or having any active part in the elimination of Tukaram. The development is in subsequent statement dated 6.10.2010 for which, according to learned APP, she has offered explanation being under mental tension on 5.10.2010. 5) There is no other witness against the applicants/accused to specifically address their role, barring three witnesses, communicating that Sajabai, the complainant, informed the involvement of the applicants/accused. There is no recovery as incriminating articles were allegedly lying on the spot. 6) The accused/applicants and the branch and family of the deceased are apparently on cross-terms owing to agricultural field. The atmosphere in the village has been spoiled. Liberty of the accused/applicants is also to be taken into consideration though Tukaram lost his precious life. To minimize the apprehension, nursed by the family of Tukaram, entry of applicants/accused in the said village can be restricted. Hence, order. 7) The applicants/accused 1) Vishwanath s/o Nivruti Hagare; 2) – Kashinath s/o Nivrutti Hagare; and 3) Vishwanath s/o Krushnanath Hagare, be released in Crime No.54/2010 registered at Tamalwadi Police Station, District Osmanabad, on their individually furnishing PR bond and a surety in the sum of Rs.25,000/- (Rupees twenty five thousand). 8) The applicants/accused after their release, shall not reside in 3 Cri.Appln.No.581/2011 village Sawargaon or in Tuljapur taluka. However, they will reside in city of Osmanabad till conclusion of the trial. 9) The applicants/accused shall inform their changed addresses to the Investigator within a week after release with communication number. 10) The applicants/accused will not influence the witnesses, shall attend the court proceedings scrupulously. 11) Release of the applicants/accused shall not be taken as parity for releasing the other accused, who have prime role in the mater. (K.U.CHANDIWAL) JUDGE bdv/