1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1027 of 2010 Mr.Vijay G. Bhosale ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Kuldeep S. Patil for the applicant. Mrs.A.A. Mane APP for the State. CORAM : D.G. KARNIK, J. DATED : 12th March 2010 P.C. 1. Heard. 2. By this application, applicant seeks bail in connection with C.R.No.43 of 2010 registered at Shirur Police Station for an alleged offence punishable u/s.306, 330 r/w section 34 of the IPC. Learned APP submits that after investigation, prosecution intends to add a few more sections regarding the alleged offences also. 2 3. Applicant was a police Sub-Inspector attached to Shirur Police station. On 2nd January 2007, he arrested one Mrs.Aruna B. Kale (hereinafter referred to as “Aruna”) for investigation into some offence. It is alleged that while Aruna she was in his custody was assaulted and beaten severely by the applicant and she ultimately died or committed a suicide on 8th January 2007. Since this was a custodial death the cause of death was enquired into and the present FIR has been registered. 4. Mr.Patil, learned advocate appearing for the applicant submitted that Aruna was in custody of the applicant only between 2nd January 2007 to 5th January 2007 and was thereafter in custody of other police officers in connection with investigation into some other offence. On 8th January 2007 when Aruna died she was not in custody of the applicant but was in custody of other police officers and therefore, the applicant cannot be held guilty of any offence. 5. Learned APP invited my attention to the report of the medical examination dated 5th January 2007 conducted by a doctor at the Government Rural Hospital, Shirur, Pune. The report shows presence of three injuries and the doctor has opined that the injuries were caused due to hard and blunt object and were received within 72 hours of the examination. This clearly shows that injuries were suffered by the deceased Aruna while she was in custody of the applicant. It may be that the torture continued 3 even after the deceased Aruna was transferred in the custody of other police officers who were investigating into other offence but that would not reduce the gravity of the offence, if any, committed by the present applicant. 6. Taking into consideration that fact that death has taken place while the deceased was in police custody and there is a prima facie evidence of the injuries suffered by the deceased while she was in custody of the present applicant, in my view, this is not a fit case for grant of pre-arrest bail. His custodial interrogation, as submitted by the learned APP is necessary. Application is accordingly rejected. (D.G. KARNIK,J.)