1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO. 396 OF 2011 ( Vilas Hiraman Shinde Vs. State of Mah. PSO PS Dhamangaon Badhe Distt. Buldhana) ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri S. A. Saoji Adv for applicant. Shri N. R. Rode APP for non applicant/State. CORAM: M. N. GILANI J. DATED: 5th AUGUST, 2011. . This is an application under Section 439 of Criminal Procedure Code for releasing the applicant on bail against whom Crime No. 16 of 2011 was registered by Dhamangaon Badhe Police Station for the offence punishable under Section 302 of Indian Penal Code. Incident occurred on 19.01.2011 in village Rohitkheda. Applicant is resident of different village called as Aawani . Dhondabai aged about 75 years was present in a house while other family members had gone to work in the field. At about 12 noon Ganesh Gaikwad aged about 16 years went to the house of Dhondabai to collect the keys, at that time he saw the applicant coming out of the house of Dhondabai and latching the door. There were blood stains on the clothes of the applicant. Applicant ran away. When Ganesh unlatcheds the door and entered in the 2 house he saw Dhondabai lying in a pool of blood. He went to his uncle by name Gopal, who was working in the field. He narrated the incident to Gopal, in turn said Gopal and his wife rushed to the house and saw Dhondabai lying dead and in a pool of blood. In an application filed before the Sessions Judge Buldhana praying for bail, copy of which is annexed to this application, it was stated that: "On the next date i.e. on 19.01.2011 at about 11.30 a.m. the applicant went to visit to Dhondabai and other relatives. That time the door of house of Dhondabai was open. The applicant called Dhondabai and entered in the house and saw that Dhondabai fell down on earth as such the applicant tried to wake up her by hand but she was died. Thus the applicant came out of the house and he tried to narrate the above fact to other relatives." This is consistent with the statement of Ganesh. One Sukhdeo Dhoble has seen the applicant in the autorikshaw. The applicant was in a frightened state. Therefore, Sukhdeo inquired with him as to how he had come to the village Rohitkheda. Sukhdeo saw blood stains on his shirt and pant. Therefore, Sukhdeo apprehended him and carried to the locality where Dhondabai was killed. Police them came and arrested the applicant. Then there are statements of two women who were occupying the autorikshaw and at that time applicant had come and sat beside them. Learned counsel for the applicant contended that in the seizure memo there is no mention of blood stains appearing on the 3 clothes. It is true that in the seizure memo only description of the clothes seized from the possession of the accused is given. The clothes have been sent to Chemical Analyser. Report is yet to be received. The evidence which is circumstantial in nature collected by the prosecution point out that the accused was seen coming from the house of Dhondabai. Even the applicant does not dispute this fact which is evident from the contents in para 4 of the application made before the Sessions Court praying for bail. While leaving village accused was apprehended. Thus the circumstantial evidence primafacie point out involvement of the accused in the offence under Section 302 of Indian Penal Code. In that light of the matter application is rejected. JUDGE svk 4