1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4882 OF 2009 Madivalappa Shivanna Balodagi .... Applicant. V/s The State of Maharashtra .... Respondent. Mr. V.V. Purwant for the applicant. Mrs. S.D. Shinde, APP for the State. CORAM: V. M. KANADE, J. DATE : 17TH DECEMBER, 2009 P.C.:- 1. Heard the learned Counsel for the applicant and the learned APP for the State. 2. Applicant has been arrested in connection with the offence punishable under section 302 read with section 34 of the Indian Penal Code which is registered with Mandrup Police Station vide C.R. No.64 of 2009. 3. Prosecution case is that the dead body of one Basavraj was found in the agricultural land of one Bolusha Koli. During the course of investigation, it transpired that the present applicant was last seen together with the deceased at about 7.30 p.m. And, on the next date, early in the morning, his dead body was found. There is recovery of bottle of whisky at the instance of the present applicant from 2 the place where the dead body was found. This bottle was in possession of the applicant. 4. The learned Counsel appearing on behalf of the applicant submitted that this material which is produced on record by the Investigating Officer establishing that the recovery is made at the instance of the applicant, is fabricated. He submitted that apart from this material, there is no other material on record to connect the applicant with the commission of the said offence. According to the prosecution, the deceased had given an amount of Rs 10,000/- to the present applicant just two days before the date of incident and because the deceased was demanding money back, the complainant and others had committed the said offence. 5. There is some substance in the submission made by the learned Counsel for the applicant. Apart from the theory of last seen together, there is no other material on record to connect the present applicant with the commission of the offence. The recovery of whisky bottle also appears to be doubtful at the instance of the present applicant. Taking into consideration facts and circumstances of the case, in my view, applicant is entitled to be released on bail. 6. Applicant be released on bail in C.R. No.64 of 2009 registered with Mandrup Police Station in the sum of Rs 5000/- with one or two sureties in the like amount. He shall 3 report to the concerned Police Station once in a month. 7. Application is disposed of. (V.M. KANADE, J.)