1 Cri.Appln.No.1171/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1171/2011 1) Dyandev Ganpati Malwade and others. - APPLICANTS VERSUS The State of Maharashtra. - RESPONDENT ***** Mr.VD Gunale, Advocate for Applicants; Mr.KM Suryawanshi, APP for State. Smt.Anjali Dube, Adv. For orig. Complainant. ----- CORAM : K.U.CHANDIWAL,J. DATE : 11th April, 2011. PER COURT : 1) Heard finally. 2) In Crime No.16/2011 of Shirur Anantpal police station district Latur for the offence under Sections 302, 147, 148, 149 of IPC, the accused/applicants in custody from 9.2.2011 (applicant nos. 1 to 5) and from 14th February, 2011 (applicant nos.5 and 6) have urged for bail. 3) The long-drawn history of litigation was canvassed by the learned Counsel for the accused/applicants. At this stage, without 2 Cri.Appln.No.1171/2011 adverting to the merits and contentions in the civil litigation, even if the accused/applicants ultimately have succeeded, the fact remains, precious life of father of the complainant, viz. - Tulshiram Ganpati Samdarle (Sagar) is lost, he suffered brutal head injury, apparently caused by a sharp weapon like an axe. Blood-stained apparels of the accused/applicants from the group of accused nos. 1 to 3 stick and axe are taken charge, incriminating material is sent to the office Chemical Analyzer for analysis, report is awaited. At this stage, it will be preposterous to advert that there is no role virtually played by accused/applicant nos. 1 to 3 in eliminating Tulshiram. Prima facie, the material indicts the accused/applicants Nos. 1 to 3. Consequently, the request for bail of applicant/accused nos. 1` to 3 is turned down. 4) So far as applicant nos. 4, 5 and 6 are concerned, from the investigation papers, I find there is no vital part played by them in eliminating Tulshiram, nothing is recovered from them, they are not residing in the same village; applicant no.4 is brother-in-law of applicant no. 2 – Ganpati Malwade; Applicant nos. 5 – Waman and applicant no.6 – Praveen stay at village Dawan Hipparga, Tq. Deoni, Dist. Latur. 3 Cri.Appln.No.1171/2011 5) Smt.Dube, learned Counsel for original complainant informs that the applicant nos. 4, 5 and 6 were exerting threats after the events, therefore, a report was lodged to the police officer and they were subsequently apprehended. She has expressed threats to the young complainant, as he is alone and applicant nos. 1 to 3 are having their houses, just in front of the house of the complainant. 6) Considering above aspect of the matter, re-visiting the primary evidence, role of accused nos. 4, 5 and 6 in eliminating Tulshiram is minimal, custodial interrogation is not required. Care can be taken to protect interest of the complainant. Hence, order. 7) Criminal Application so far as applicant nos.1 to 3, i.e. Dnyandeo Ganpati Malwade; Ganpati Tipanna Malwade and Sambhaji Pandharinath Malwade, are concerned, is rejected. 8) Criminal Application in so far as it relates to applicant Nos. 4,5 and 6, i.e. Tukaram Gyanoba Kutwade; Waman Kamrao Malwade; and Praveen Kamrao Malwade, are concerned, is allowed. Each of the applicant Nos.4, 5 and 6, be released on their furnishing PR bond and a surety in the sum of Rs.15,000/- (Rupees fifteen 4 Cri.Appln.No.1171/2011 thousand). The applicants/accused nos.4, 5 and 6 shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected, and they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. The applicant/accused nos. 4, 5 and 6 shall not enter village Mushirabad, Tq. And Dist. Latur till conclusion of trial. The applicants/accused nos.4, 5 and 6 shall cause their attendance to the Investigator on every Sunday between 4.00 to 6.00 p.. till filing of charge sheet. The observations are prima facie in nature. ( K.U.CHANDIWAL ) JUDGE bdv/