Single judge rejected bail application of Mahesh Govind Karale in a murder case. Court found evidence including CCTV showed applicant driving accused to scene and hospital after deceased Gopal III. Moved to hospital and hospital.
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29- BA 635 of 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION No. 635 OF 2021
Mahesh Govind Karale Vs. The State of Maharashtra
...Applicant
...Respondent
Mr. Abhay Khandeparkar a/w. Rohit Mahadik a/w. Sarvesh Mittal a/w. Vaibhav Kulkarni and Mr. Nitin Dedhia i/b. Khandeparkar & Associates for Applicant Mr. Ajay Patil, APP for the State. PSI- S.K. Kamale- Kasarwadvali Police Station
Coram : Sandeep K. Shinde, J.
Dated: 7th JUNE, 2022.
P.C. :
Applicant and Mr.Patil, learned APP for the State.
with the Crime No. 329/2018 registered at Kasarvadavali Police Station, Thane for the offences punishable under Sections 302, 328, 120B r/w. 34 of the Indian Penal Code.
3. Gopal Naik, was sweeper with Municipal Corporation and
stayed with his wife Priya and their daughter in sweeper quarters.
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29- BA 635 of 2021
Gopal, was brought to the civil hospital at 4.15 a.m. on 29th December, where he was declared dead before admission. The people who who brought him, later identified as Priya (Accused No.1) and applicant her, paramour. Both left immediately , after filing in Gopal's details in the paperwork and telling the hospital staff, that he met with an accident. After, the post-mortem, indicates blunt force trauma to the head. Hospital authorities informed the police, about the matter. Police visited Gopal's house and found the daughter alone. They saw blood stains on the floor and attempts to clean up. Police were on look out for Priya. Investigation team tried to track the location of Priya and applicant's mobile, but their phones were switched off. Investigation revealed that Priya and applicant had been in relationship for about last six months. Inquires with witnesses- relatives, indicate Gopal had found about the affair and that it had led to frequent fights between them.
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29- BA 635 of 2021 suggesting that in furtherance of conspiracy, he caused murder of deceased. Mr. Khandeparkar has taken me through the statements of next door neighbour and daughter of deceased, to submit that, on the fateful night nobody had seen the applicant in the company of accused No.1 in her house. Mr. Khandeparkar, to a large extent, relied on the statement of daughter of deceased, to contend that, had the incident of assault taken place in the flat, certainly daughter would have noticed the presence of the applicant. Mr. Khandeparkar submitted, neither daughter, nor neighbour had seen applicant, in the flat of the deceased, with accused no.1. Mr. Khandeparkar, therefore, submitted that, prosecution could not have implicated the applicant in the crime, solely on the allegation, that he was in relationship with Priya. Mr. Khandeparkar further submitted that applicant is in custody since 2018. He has no criminal antecedents and being permanent resident of Taluka Karjat, his presence for the trial can be secured by imposing conditions. Mr. Khandeparkar would, therefore urge that the applicant be released on bail.
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29- BA 635 of 2021
cused no.1. Mr. Patil submitted, having regard to quality of evidence on record, against the applicant and gravity of offence, application deserves no consideration.
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29- BA 635 of 2021
construed as expression of opinion for the purpose of bail only and the same shall not in any way influence the trial in other proceedings.
(Sandeep K. Shinde, J.)
1 issue framed by the court
Whether the applicant can be released on bail in a murder charge punishable with life imprisonment or death.
Mahesh Govind Karale
The State of Maharashtra
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court