( 1 ) cria4724.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4724 OF 2011 Bhagwan Rangnath Shelke .. Applicant Age. 57 years, Occ. Agriculture, R/o. Khanepuri, Tq. & Dist. Jalna, At Present Kajala, Tq. Badnapur, Dist. Jalna. Versus The State of Maharashtra .. Respondent Mr. Joydeep Chatterji, Advocate for the applicant. Mr. D.R. Kale, A.P.P. for respondent/State. CORAM : R.Y. GANOO, J. DATED : 11.11.2011 P.C. :- 1. The applicant apprehends arrest in connection with Crime No. 160 of 2011 of Jalna Taluka Police Station for the offence punishable under Section 302 of the I.P.C. The incident is alleged to have taken on 28th May, 2011, wherein the present applicant is alleged to have assaulted Jaibai in the course of scuffle which went on with some other persons. It is noticed that the ( 2 ) cria4724.11 victim Jaibai tried to resolve the dispute between the parties. However, she was assaulted by the present applicant. The applicant was initially charged with offence punishable under Section 326 of the I.P.C. and was released on bail. Thereafter, said Jaibai expired on 30th July, 2011. Learned A.P.P. has produced post-mortem report, which indicates two injuries, namely, abrasion wound over right elbow - 4 cm x 2 cm irregular and would measuring 5 cm x 2 cm x 0.5 cm over right temporal region regular in size. Three other wounds viz. Bedsores were mentioned in the post-mortem report, which cannot be attributed to overtacts alleged in the F.I.R. So far as internal injuries are concerned, the victim is said to have suffered hametoma (bluish discolouration) subcutaneous tissue in right temporal region. The brain was found to be pale with reddish black area of discolouration. The cause of death is mentioned as acute respiratory failure with aspiration pneumonitio with right sided pleural effusion with old head injury. ( 3 ) cria4724.11 2. Learned advocate for the applicant submitted that the death has not occurred on account of injuries which are reflected in the post-mortem report but on account of some medical problem in the nature of respiratory failure. Therefore, the application of section 302 of the I.P.C. is improper. As against this, learned A.P.P. Mr. Kale appearing on behalf of the State submitted that the death of Jaibai has direct nexus with the injuries and for the injuries she was hospitalized and she died. 3. Having considered the nature of the injuries suffered, I am inclined to observe that the applicant has made out case for anticipatory bail as cause of death has no nexus with the acts alleged against the present applicant. The very fact that while the applicant was charged under section 326 of the I.P.C. he was granted bail clearly goes to show that there is no fear of the applicant remaining away from the investigation procedure ( 4 ) cria4724.11 or remaining away from the trial. In view of above, I am inclined to grant anticipatory bail. The Criminal Application is disposed of by following order :- 4. In the event of arrest of the applicant in Crime No.160 of 2011 of Taluka Jalna Police Station, Dist. Jalna, said applicant be released on bail in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with one surety in like amount. The applicant shall execute P.R. Bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand). The applicant shall report to the concerned police station firstly on 16th November, 2011 and as and when called for. In addition to above attendance, the applicant shall report to the concerned police station on 4th Saturday of the every month between 11.00 a.m. to 4.00 p.m. till filing of the charge-sheet. [R.Y. GANOO, J.] snk/2011/NOV11/cria4724.11