1 IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION (BAIL) NO.260 OF 2010 Shri Laxman @ Lavesh Naik S/o. Ladu Naik, R/o. Khalchawada, Arambol, Pernem, Goa. And presently in Judicial Custody Through his next friend Ladu Naik …. Applicant V/s 1. STATE, Through P.P. 2. Police Inspector, Pernem Police Station. …. Respondents Mr. Arun Bras De Sa, Advocate for the Applicant. Mr. C. A. Ferreira, Public Prosecutor for the Respondents. CORAM : N.A. BRITTO, J. DATE : 16/12/2010. ORDER : Heard. 2. By order dated 19/11/2010, the learned Sessions Judge has ordered framing the charge against the applicant, who is accused no.2 in Sessions Case No.32/2010 under Section 302 r/w 34 IPC and has rejected his application for bail observing that the manner in which the deceased Sany alias Sandeep was brutally assaulted 2 and was done to death conveys that the perpetrator had knowledge that the act of assaulting the victim on the head, face and the other parts of the body would cause his death as he was also bleeding through the ears and therefore the accused no.2 irrespective of his age and being a major would not be entitled to bail. According to the learned Sessions Judge, the offence committed by the applicant/accused no.2 is grave and serious. 3. Shri Arun Bras de Sa, the learned Counsel appearing on behalf of the applicant/accused no.2 after referring to the statement of the witnesses submits that the facts disclosed do not show that there was intention on the part of applicant/accused no.2 to murder the deceased. Learned Counsel further submits that the deceased was an habitual thief and might have been assaulted by both the accused without any intention to murder him. Learned Counsel submits that the facts stated by the prosecution witnesses do not disclose a case of murder. 4. The statement of David alias Sayed Khalyed shows that the deceased Sany alias Sandeep was in the habit of committing thefts due to some psychological problem and on 6/06/2010 at about 8.00 hrs. he heard sound coming from down and recognized the voice of 3 the deceased Sany alias Sandeep and he saw the applicant/accused no.2 Lavesh, son of the owner of Ludu guest house having a danda in his hands and one more person whom he knew as Mangesh (accused no.1) assaulting Sany alias Sandeep very mercilessly with a danda and after that both of them left Sany alias Sandeep and ran away. According to him, the deceased was in a very bad condition and could hardly walk and he tried to provide him with water and then returned back and told Ravindra that Sany alias Sandeep was bleeding through the ear and he tried to clean his ear and tried to give him water, but there was no response from him. According to Ravindra, another witness, he had heard Sany alias Sandeep saying “chod do mujhe, mere pass paise nahi hain” and upon hearing that he came out from bed and noticed the applicant/accused no.2 Lavesh, son of the owner of the Ludu guest house assaulting Sany alias Sandeep with the danda mercilessly saying that “mera paisa nahin diya and room pe chori bi kiya” and saying that he went on hitting him with danda while Sany alias Sandeep was trying to save himself from the blows of danda but applicant Lavesh kept on assaulting him all over the body and there was another person who was assaulting Sany alia Sandeep with fist blows and kicks whom he did not know by name and after the merciless assault they both left Sany alias Sandeep and ran away and the said Sany alias 4 Sandeep was in a very bad condition and could hardly walk. 5. The autopsy report, inter alia, shows that there were about 22 injuries on the deceased including on the front of the face and on the back and the opinion given by Dr. Ghodkirekar is that the deceased died due to the damage to the spinal cord as a result of blunt force impact with asphyxia and head injury vide injuries for head, face, neck and chest which were ante mortem fresh at the time of death and necessary fatal. The weapons used are shown on page 70 and 71 of the paper book. 6. Considering that the deceased was assaulted by the applicant/A2 on vital parts of the body including the nose, forehead, till he bled through the ears, knowledge that such injuries would cause his death can certainly be attributed to the applicant/A2. Therefore, the offence committed by the applicant/A2 appears to be of a serious nature and, being so, the applicant would not be entitled to be released on bail at this stage. Consequently, the application is dismissed, at this stage. N.A. BRITTO, J. NH/-