AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.149 OF 2010 IN CRIMINAL APPEAL NO.166 OF 2009 Pralhad Tukaram Kharatkar. ... Applicant Vs. The State of Maharashtra. ... Respondent Mr. Ashish Sawant i/b Mr. M.S. Mohite for the applicant. Mr. Rajesh More, A.P.P. for the State. CORAM: MRS. RANJANA DESAI & MRS. V.K. TAHILRAMANI, JJ. DATED : 6TH APRIL, 2010. P.C.:- 1. The applicant is convicted under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life. The appeal filed by the applicant is admitted. This is his application for bail. 2. The case of the prosecution is that the applicant AJN 2 committed murder of his son Yatish, aged about 9 years suspecting that Yatish was not his son. According to the prosecution, the applicant suspected the chastity of his wife and was accusing her of having an affair with one Janardhan Patil. PW-1 Rekha, wife of the applicant has stated that on 7/6/2006 the applicant went to the school at 11.30 a.m. along with his two sons Pritesh and Yatish to drop them at the school. At about 1.30 p.m., he came back. PW-1 Rekha inquired with him whether he had dropped the children at the school. The applicant told her that he had taken one child to the school and the other he had killed. There were blood stains on his shirt and collar. PW-1 Rekha then went running to the school. She found that Yatish was not there. According to PW-1 Rekha, the applicant told her that he had committed murder of Yatish at Nursary creek, Koparkharine. PW-1 Rekha then went running to the spot. She saw the dead body of Yatish at the spot. The dead body had many bleeding injuries on it. There were stones near the dead body. She then went to the police station and lodged FIR. AJN 3 3. Evidence of PW-1 Rekha prima facie inspires confidence. Learned counsel for the applicant vehemently urged that the applicant is falsely involved by Janardhan Patil with whom PW-1 Rekha had an affair. He submitted that the applicant had filed a complaint at the police station that Janardhan Patil had threatened to kill him if he interfered with his affair with PW-1. 4. This defence prima facie appears to be palpably false. The fact that the applicant returned home after dropping the children with blood stains on his shirt speaks volumes. There is no need for PW-1 Rekha to falsely implicate her husband. In the circumstances, the application for bail is rejected. [MRS. RANJANA DESAI, J.] [MRS. V.K. TAHILRAMANI, J.]