1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5713OF 2009 Malaku @ Malikarjun Vishwanath Kamble & Ors. .. Applicant s V/s The State of Maharashtra .. Respondent ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Prashant Patil for the applicants. Mr. S.A. Shaikh, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 4TH FEBRUARY 2010 P.C. : 1. Heard. 2. By this application, the applicants seek bail in connection with C.R. No. I-247 of 2008 registered at Kalwa Police Station, District Thane, for an offence punishable under section 302 and other sections of the I.P.C. 2 3. The prosecution case in brief is that about a year ago, the applicants nos.1, 2 and others had assaulted Mahananda and the complainant. About 5-6 months ago, the mediators requested the complainant to withdraw the criminal case arising out of the previous assault which the complainant refused. On account of this, the applicants had a grudge against the complainant and her family. On 2nd November 2008, Rukmini – another daughter of the complainant saw the applicants assaulting Malhari – the son of the complainant. The complainant and her daughter rushed to the spot and saw that the applicants were assaulting her son and they were saying that he should be killed. The complainant and her daughter requested the applicants to stop assaulting Malhari, but they did not listen and finally Malhari died on the spot. Immediately the complainant lodged the F.I.R. 4. The complainant, who is the mother of 3 the deceased, is an eye witness. Sister of the deceased is also an eye witness. Their statements have been recorded. They clearly implicate the applicants in the crime. The offence is a serious offence punishable with death or imprisonment for life. It was a pre- meditated act on account of previous enmity arising out of previous assault. If the applicants are released on bail, possibility of their assaulting the complainant and other witnesses cannot be ruled out. 4. In the circumstances, the application is rejected. (D.G. KARNIK, J.)