1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 728 of 2010 Shivlingappa @ Shiva Basanna Munoli ... Applicant versus The State of Maharashtra ... Respondent ... Mr.V.V. Purwant for the applicant. Mrs.A.A. Mane APP for the State. CORAM : D.G. KARNIK, J. DATED : 2nd March 2010 P.C. 1. Heard. 2. By this application, applicant seeks bail in connection with C.R. No. 192 of 2009, registered at Jail Road Police Station, District Solapur for an offence punishable u/s.302, 201 r/w section 34 of the IPC. 3. The prosecution case is that on 22nd December 2009, Devidas Sharanappa Algude (deceased) had come near a construction work carried on by the builder Dadapure. The applicant who was a 2 watchman at the site suspected the motive of the deceased and inquired why he had been there. Thereafter the builder Dadapure and his two sons Juned and Dadu dragged the deceased inside and accused him that earlier he had stolen one machine and started beating him with steel rod and wooden blocks. The deceased died and his body was thrown on the road. 4. Statement of the witnesses Umar Mohd shows that the deceased was assaulted by the builder, his two sons and others. He has not stated that the applicant who was a watchman gave any blow but only a general statement of assault by all is made. 5. One of the sons of builder Dadapure viz. Dadu who is also alleged to be party to the assault is minor and has been granted bail by the Juvenile Court. Thus, one of the actual assailants has been granted bail. The builder Dadapure is absconding. It is not the case of the prosecution that the applicant knows the whereabouts of the builder or that his custody is necessary for the purpose of arresting the builder Dadapure. In the circumstances, applicant can be granted bail. Hence, I pass the following order:- 3 O R D E R Applicant be released on bail on his furnishing P.R bond of Rs. 10,000/- with one surety of the like amount subject to the following conditions:- (i) Applicant shall, within 48 hours of his release, inform his present residential address and contact telephone numbers, if any, on which he could be contacted. (ii)He shall not leave the city of Solapur without prior intimation of the police. (iii)The applicant shall report his attendance to the concerned police station once a week on every Sunday or Monday till the charge- sheet is filed and thereafter once a month in the first week of every British Calendar Month or at such other frequency as may be ordered by the Sessions Court. (D.G. KARNIK,J.)