Allowed

Kishor S/O Kathala Tode and Another v. the State of Maharashtra Thr. Pso, Ps, Sindked Raja, Dist. Buldhana and Another

Bombay HC20 Aug 2024BA/685/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail application. Finding the applicants did not cause the fatal injury, the court granted bail with conditions including a bond, non-interference with witnesses, and attendance obligations, despite prosecution opposition regarding witness safety.

What did the court decide?

The applicants were released on bail on executing a Personal Bond of Rs. 25,000 each with one solvent surety, subject to specific conditions regarding location, attendance, and witness conduct.

Kishor S/O Kathala Tode and Another Vs the… — Child Sexual Offences (POCSO) | Bombay HC (2024)

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43BA685.2024.odt

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2024:BHC-NAG:9357

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (BA) NO. 685 OF 2024

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Kishor Kathalal Tode and another Vs State of Maharashtra and another

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Mr. R.M.Daga, counsel for applicants. Mr. A.J. Gohokar, APP for non-applicant/State. Mr. Yash Kullarwar, counsel (appointed) for non-applicant No.2.

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CORAM : URMILA JOSHI-PHALKE, J. DATED : 20/08/2024.

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Applicant No.1 came to be arrested on 31/01/2024 and the applicant No.2 is arrested on 30/01/2024, in connection with Crime No. 19/2024 registered with Police Station Sindkhed Raja, District Buldhana for the offence punishable under sections 302, 341,143, 147, 148, 149, 323, 324, 504, 354, 354(A) and 354(D) of the Indian Penal Code, 1860; Section 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

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The crime is registered on the basis of report lodged by one Nitesh Tulshiram Kamble alleging that on 29/01/2024 at about 7.30 p.m., the brother of the informant, namely Nitesh, was going towards home by motorcycle, and his father was also coming to the house by motorcycle. While coming near Mahatma Fule School Khatikpura, Sindkhed Raja, Buldhana, the father of the informant saw that Satish and the co-accused No. 1 Suraj were quarreling. The informant stopped his motorcycle to

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see what happened. During that period, the other relatives of the co-accused, Suraj also came, holding wooden logs in their hands. As per the allegations, all the accused persons have assaulted the deceased as well as the informant. As far as the present applicants are concerned, it is alleged that they have given a blow of wooden logs on the hands and legs of the deceased as well as on the person of the informant. Due to the assault and due to blow by knife to the abdominal portion of the deceased, the deceased succumbed to the death. On the basis of the said report, police have registered the crime against the present applicants as well as other co-accused.

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Heard learned counsel, Mr. R.M. Daga for the applicants. He submitted that, as far as the role of the present applicants is concerned, regarding the assault of the deceased, general allegations are made, which are not substantiated by the post-mortem report, as the postmortem report shows only one injury, i.e. stab wound at the lateral aspect of the left thigh of size 4 x 3x 11 cm, that injury passing deep in direction medically and upward, the margin of the injury is clean cut and parallel, and blood is oozing from the injury site. He submitted that said injury is attributed to the co-accused- Suraj. As far as the present applicants are concerned, it is alleged that they have assaulted the deceased by means of a wooden log reveals from the PM Report, even there are no marks. Thus, he submitted that applicants have not caused the death of the deceased. As far as the injuries to the informant are

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concerned, which are in the nature of abrasion and blunt injury, they are simple in nature. Thus, he submitted that even accepting the prosecution case as it is, admittedly, the applicants have not caused the death of the deceased. In view of that, considering the investigation is completed and charge-sheet is filed, further incarceration of the present applicants is not required. They be released on bail.

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Learned APP and learned appointed counsel strongly opposed the said application and submitted that there is apprehension that if the applicant/accused are released on bail, they would cause harm to the person of the witnesses. It is further submitted that the alleged incident occurred after forming the unlawful assembly. Thus, in pursuance of the common object of said assembly, the death of the deceased is caused. In view of that, the application deserves to be rejected.

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After hearing learned counsel for the applicants and learned APP for the State, perused the recitals of the FIR as well as relevant statements of the witness, from which it reveals that the allegation against the present applicants is to the extent of assault by wooden log. Admittedly, the P.M. report nowhere reveals that any injury is caused by the wooden log. As far as the injuries sustained by the informant is concerned, which are in simple in nature. Considering the role attributed to the present applicants, they have made out a case for grant of bail. Accordingly, I proceed the following order;

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43BA685.2024.odt

a] The criminal application is allowed.

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b] The applicants (1) Kishor s/o Kathala Tode (2) Rameshwar @ Ram Kathala Tode shall be released on bail, in connection with Crime No. 19/2024 registered with Police Station Sindkhed Raja, District Buldhana for the offence punishable under sections 302, 341,143, 147, 148, 149, 323, 324, 504, 354, 354(A) and 354(D) of the Indian Penal Code, 1860; Section 8 and 12 of the Protection of Children from Sexual Offences Act, on executing P.R. Bond of Rs. 25,000/- each with one solvent surety in the like amount.

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c] The applicants shall not enter into the vicinity of village Sindkhed Raja, Tah. Sindkhed Raja, District Buldhana till culmination of the trial.

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d] The applicants shall attend the concerned police station once in a month on 1^st of every month till culmination of the trial and the concerned police station officer shall record their presence.

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e] The applicants shall attend the proceedings before the Sessions Court without seeking any exemption unless there are exceptional circumstances.

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f] The applicants shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

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g] The contravention of any of the conditions would lead to the cancellation of bail.

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h] The fees of the appointed counsel be quantified as per Rule.

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The criminal application stands disposed of .

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[ URMILA JOSHI-PHALKE, J.]

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Kishor S/O Kathala Tode and Another v. the State of Maharashtra Thr. Pso, Ps, Sindked Raja, Dist. Buldhana and Another

Case brief

What is this about?

What did the court decide?

Kishor S/O Kathala Tode and Another v. the State of Maharashtra Thr. Pso, Ps, Sindked Raja, Dist. Buldhana and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Coram

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