Allowed

Sangappa Baswant Bagale and Ors. v. the State of Maharashtra

Bombay HC28 Jan 2008APPLN/41/2008

Case brief

AI extract

What is this about?

Crim. Appt. Jurisdiction; Criminal Application No. 41 of 2008. Applicants arrested under section 306 IPC charged with abetting suicide. Court reasoned no direct evidence of abetting existed. Court granted bail on personal bond with surety and subjected applicants to specific reporting conditions including quarterly police station attendance and restriction on address change without intimation.

What did the court decide?

Granted bail on personal bond of Rs.15,000/- each with one surety subject to conditions including attendance at police station monthly, restriction on tampering with evidence, and restriction on chang

Sangappa Baswant Bagale and Ors. Vs the State of… — Murder and Culpable Homicide | Bombay HC (2008)

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abs

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CRIMINAL APPELLATE JURISDICTION

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 CRIMINAL APPLICATION NO. 41 OF 2008

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 Sangappa Basawant Bagale & Ors. .. Applicants

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V/s

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 The State of Maharashtra .. Respondent

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 Mr.Jaydeep D. Mane for the applicants.

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 Mrs.M.M. Deshmukh, A.P.P. for the State.

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 CORAM : D.G. KARNIK, J.

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 DATE : 28TH JANUARY 2008

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P.C. :

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 1. Heard the learned counsel for the applicants and
 the learned A.P.P. for the State.

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 2. The applicant is arrested on 20th December 2007
 in connection with the offence registered at Mandrup
 Police Station, Solapur under C.R. No.109/2007
 punishable under sections 306, 323, 504 read with 34 of
 the Indian Penal Code.

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 3. The prosecution case in short is that Narsappa
 Kannure (hereinafter referred to as "the deceased") was
 allegedly having illicit relationship with Vithabai

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 Baswant Bagale. Sangappa, the son of Vithabai, and two
 children of Sangappa were opposed to the said
 relationship. On 20th December 2007 at about 9.00 p,m.,
 the deceased went to the house of Vithabai where he was
 beaten up by Sangappa, the applicant no.1 and his two
 children. On account of the beating which the deceased
 suffered at the hands of the applicants, the deceased is
 alleged to have committed suicide in the same night by
 hanging himself to a neem tree. It is alleged that the
 suicide was committed by him on account of the insult
 suffered by him on account of beating and, therefore,
 the applicants are charged with an offence under section
 306 of the I.P.C.

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 4. The allegation against them appears to be that
 the applicants assaulted the deceased on account of the
 deceased attempting to enter their house for maintaining
 the illicit relationship with the mother of the
 applicant no.1. Prima facie, no offence under section
 306 appears to have been made out. There is no direct
 evidence that the applicants abetted the suicide of the
 deceased except the bare allegation in the complaint
 that the deceased committed suicide on account of
 beatings given to him.

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 5. The applicants have permanent place of residence
 at the address mentioned in the title of the

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 application. There is no allegation that the
 applicants, if released on bail, are likely to jump bail
 and/or otherwise tamper with the prosecution evidence.
 In the circumstances, the applicants are entitled to
 bail. Hence, I pass the following order:-

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ORDER

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 Each of the applicants be released on bail on executing
 personal bond of Rs.15,000/- each with one surety in the
 like amount subject to the following conditions:-

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 (a) The applicant shall cooperate with the
 investigation and attend the concerned police station
 once a month between 1st and 5th of every British
 calendar month.

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 (b) The applicant shall not tamper with the

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 prosecution evidence and shall not change their
 residential address without intimating the police at
 least one week in advance.

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 (c) The Sessions Court may grant exemption from

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 attending the police station either generally or

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 specifically for a particular day, if a case for the
 same is made out.

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 (D.G. KARNIK, J.)

Sangappa Baswant Bagale and Ors. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sangappa Baswant Bagale and Ors. v. the State of Maharashtra

Case brief

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What the court decided

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