1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.181 OF 2011 Mr. Kamlesh S. Bhondve ...Applicant. v. Sr. Inspector of Police & Anr. ...Respondents. Mr. A.P.Mundargi Sr. Counsel i/by Shri U.B.Nighot ,advs. For the Applicant. Smt. A.T.Javeri, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 18, 2011. P.C. 1 Applicant seeks to be released on bail in crime no.152 of 2010 registered at Chinchwad police station under sections 302, 143, 147, 148, 452 and 364 IPC. 2 Prosecution case, in brief, is that on 20.6.2010 at about 10.30 p.m., applicant Kamlesh Bhondve alongwith 7 or 8 other persons went to Morya decorators where the deceased Chadrashekhar and first informant Siddharth Gurav were working. Because of certain previous quarrel, one of the assailants namely Deepak Suryavanshi caught Chandrashekhar and dragged him out of the shop and then he was beaten by the present applicant and his companions including Deepak. They also beat him with mike stand and iron bar. In spite of Chandrashekhar 2 making repeated requests to spare him from beating , the assailants did not bother and then he was made to sit on the motor cycle no. MH-14-5441 and behind him Deepak Suryawanshi sat. The present applicant Kamlesh was driving that motor cycle. Remaining assailants followed them by different motor cycles. Initially, the first information report was lodged by the first informant Siddharth Gurav about the above incident and the offence was registered mainly for abduction. Chandrashekhar was taken near cremation ground by the culprits. There also he was severely beaten and then thrown near Dharmaraj Mangal Karyalaya at Bhondave Wadi at Pune-Bombay Express Highway. As the report was lodged, police made search for him and he was found lying near that place. He was taken to the hospital where he was declared dead. Immediately, supplementary statement of the first informant Siddharth Gurav was also recorded. 3 From the police papers, it appears that after hearing the shouts at the said decoration shop, witness Janatabai Karke came out and she was told about the above facts by Siddharth Gurav. Her statement was also recorded immediately. Post mortem report reveals that the deceased had suffered in all 17 injuries on different parts of the body including on the head and chest. Cause of death was traumatic and 3 hemorrhagic shock due to injuries to the head, face, upper and lower limbs, back and chest. All these injuries could be caused by hard and blunt objects. Motor Cycle No. MH-14-5441, by which Chandrashekhar was taken away from Morya Decorators to the funeral ground and then near Dharmaraj Mangal Karyalaya and which the present applicant was driving at the time of incident, was seized. Blood stains were found on that motorcycle. Another motor cycle belonging to the present applicant but which was used by another accused at the time of incident was also seized on the basis of information given by the present applicant. 4 Taking into consideration the above material, it appears that there is eye witness of the incident, who lodged the F.I.R. immediately and had also given name of the present applicant as one of the assailants. Motor cycle by which deceased was taken away by the present applicant was found to have blood stains. The deceased Chandrashekhar was mercilessly beaten till his death. Thus, prima-facie case of murder is made out. Taking into consideration the gravity of the offence, it will not be in the interest of justice to grant bail. If bail is granted to the present applicant, there is every possibility that either he may abscond or may cause danger to the life of the only eye witness. 4 5 Therefore, the application stands rejected. (J.H. BHATIA,J.)