(1) Criminal Application No. 3540 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3540 of 2011 1. Angad s/o. Baburao Gawate, Age : 25 years, Occupation : Agriculture, R/o. Penur, Taluka : Loha, District : Nanded. 2. Maruti Sambhaji Kamble, Age : 30 years, Occupation : Agriculture, .. Applicants R/o. as above. (Original accused) versus 1. The State of Maharashtra, through Incharge Police Officer, Police Station, Loha, Taluka : Loha, District : Nanded. 2. The Superintendent of Police, Nanded. .. Respondents. ....................... Mr. P.R. Katneshwarkar, Advocate, for the applicants. Mr. G.R. Ingole, Additional Public Prosecutor, for respondent nos.1 and 2. ........................ (2) Criminal Application No. 3540 of 2011 CORAM : SHRIHARI P. DAVARE, J. DATE : 22ND AUGUST 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant nos.1 and 2, seeking anticipatory bail apprehending their arrest in connection with Crime No. 83/2011, registered at Police Station, Loha (District : Nanded), for the offences punishable under Sections 143, 353, 504, 506, 348, 427, 332, read with Section 149 of Indian Penal Code, and Section 135 of the Bombay Police Act. 3. It appears that the offence has been registered on the basis of the complaint lodged by one Dr. Neena Madhukar Borade, Taluka Health Officer, Loha, on 18-7-2011 in respect of occurrence of the incident on the same day. 4. I have perused the investigation papers which are made available by the learned APP for perusal purpose. The (3) Criminal Application No. 3540 of 2011 contents of the FIR surface names of applicant nos.1 and 2 herein, who allegedly damaged the public property in the office of the complainant and on seeing the complainant, they ran away from the spot by motorcycle. It is also stated in the said complaint that the incident was witnessed by the other employees, namely, M.M. Dange, B.D. Zate, Smt. More, R.N. Bhalerao, D.R. Chavan, K.L. Punde, S.R. Shingade and V.S. Suryawanshi. It is further alleged that the applicants, and 8 - 10 persons along with them, gave abuses to the employees in the office and manhandled them and gave threats to kill then, and expelled them from the office and damaged the articles i.e. public property of the said office, such as, computers, table, glass on table, chairs, etc. The said complaint also discloses that it appeared that the applicants and their associates had consumed liquor. 5. Learned Adv. Mr. P.R. Katneshwarkar, for the applicants, has canvassed that the applicant no.1 had made a representation dated 18-7-2011 to the complainant, regarding rash and negligent driving of driver of the ambulance belonging to the Primary Health Centre, as well as, applicant no.2 had made a representation dated 30-6-2011 to the Chief Executive Officer of Zilla Parishad, Nanded, regarding illegal possession of Grampanchayat, Penur, in the building of Primary Health Centre, (4) Criminal Application No. 3540 of 2011 and hence, present complaint has been filed by the complainant against the applicants out of vengeance and due to their political position. 6. On perusal of the investigation papers, and more particularly, the statements of Kalpana Punde, Vyankati Suryawanshi, Shobha Shingade, Padminbai More, Dattusing Chavan and Mohan Dange, there appears to be specific allegations against the applicants and said statements are in consonance with the complaint lodged by the complainant. 7. Having comprehensive view of the matter, and considering the accusations against the applicants, apparently, there is prima facie case against the applicants, and the present application deserves to be rejected. 8. In the result, present Criminal Application bears no substance, and therefore, same stands dismissed. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3540