*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2893/2009 Mutanna @ Kondu Nagappa Kunchikorve. ..Applicant -VERSUS- The State of Maharashtra. ..Respondent ............... Mr.Rishi Bhuta i/b Mr.Mahesh Patil & D.J.Gogri, Advocate for the Applicant. Mr.H.J.Dedhia, A.P.P., for the Respondent/State. ............... CORAM: A.P.DESHPANDE, J. Dated 21st July, 2009. PC:- 1 The Applicant has been arrested in Crime No.52/2009 for the offence under Sections 307, 326, 324, 323 r/w 34 of the Indian Penal Code registered with M.H.B. Colony Police Station, Mumbai. The incident had taken place on 11.03.2009. The Complainant, his son and nephew Rajendra were beaten by the accused persons. So far as the present Applicant is concerned by name Mutanna @ Konda, it is stated in the complaint that when other accused were assaulting the Complainant and his son, the present Applicant picked up the wooden log and gave a blow on the head of Rajendra on account of which he fell unconscious. 2 Perusal of the medical report issued by Dr.D.K.Bose dated 13.03.2009 reveals that Rajendra Sawant aged 24 years is admitted in ICU and presently on bed No.99. It is stated that it is the *2* case of severe heady injury with depressed fracture on the skull in right temperal region with subdural haematoma and multiple abrasion on the face. It is also stated that on 12.03.2009 he has undergone Craniotomy to drain out the subdural haematoma by the Neuro Surgeon as it was causing mid line shift of the brain. 3 The learned APP on instructions from the Investigating Officer has submitted that till today Rajendra is not able to give his statement and his condition is not good. The Applicant is stated to be operating as a moneylender in the said area. 4 Having regard to the definite role attributed to the Applicant and overt-act and the injury sustained by the victim, in my view this is not a fit case for grant of bail. In the result, the application is rejected. (A.P. Deshpande, J)