Dharmaraya Chichkoti and Others vs The State

A.S. Pachhapure

The petitioners have approached this Court for regular bail having been arrested for the offences punishable under Sections 364, 504, 506, 302, 201, 120B and 144 R/w. Sec. 149 of IPC, u/s 3(1)(x) and 3(2)(5) of SC/ST (Prevention of Atrocities) Act. The facts reveal that Nagesh (deceased) was a pump operator, looking after six motor pumps of Bangarga village. He used to go for starting the motor pumps at 5.00 p.m. and was returning at 8.00 p.m. to his residence. On 28.05.2012 as usual he went to start the motor pumps and did not return to the house and therefore, his wife informed this fact to the uncle of the deceased Nagesh. A missing complaint was filed by his wife on 29.05.2012 in Aland police station. On 01.06.2012 in the noon hours a person by name Hanmanth Kamble came and informed that on 28.05.2012 in between 6.30 to 7.00 p.m. when he was with one Sopan Joshi they alighted from the vehicle at Aland cross bus stop, at that time they saw a jeep which was being repaired and when they went near the jeep they saw Nagesh in the said jeep along with petitioner Nos. 1 to 3 and 5 to 7. Nagesh cried for help but as the said Hanmanth Kamble was threatened by inmates of the jeep they went away. After receiving this information from said Hanmanth Kamble, the uncle of the deceased Nagesh approached the police and submitted the complaint which came to be registered for the offences under Sections 363, 504, 506 R/w. Sec. 34 of IPC and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act. Later, the police received an information from one Rangappa, a Forest Officer that a dead body of a male is found in a gunny bag in the forest area i.e., Sy. No. 82. It was revealed that the dead body was that, of Nagesh. In the circumstances, the offence punishable u/s 302 of IPC was also included against the petitioners.

The petitioners submit that they are innocent and they have not committed any offence and in the circumstances have sought for grant of bail. The learned Additional SPP opposed the application and submits that the charge sheet has been filed u/s 302 of IPC and other allied offences and there is a prima facie material against the petitioners for the above said offences hence, she sought for dismissal of the application.

Anyhow, the learned counsel for the petitioners seek permission to withdraw the petition in so far as petitioner Nos. 1 to 3 and 5 to 7 are concerned. Therefore, he submits that so far as petitioner No. 4 is concerned his name does not appear in the FIR and therefore has sought for grant of bail for petitioner No. 4. As could be seen from FIR, the police after collecting the information from the Hanmanth and Shopan Joshi, at the time when Nagesh (deceased) was found in the company of the accused, they revealed the names of all the petitioners but that of not petitioner No. 4. Even as could be seen from subsequent investigation there appears to be no such active participation of petitioner No. 4 in the incident. Considering this aspect, I am of the opinion that the name petitioner No. 4 is not found in FIR and his name is said to have been revealed during the investigation, I think the said petitioner is entitled to bail sought for. In the result the petition in so far as petitioner Nos. 1 to 3 and 5 to 7 are concerned is dismissed as withdrawn and petitioner No. 4 is ordered to be released on bail on his executing personal bond for Rs. 50,000/- with two solvent sureties for the like sum to the satisfaction of JMFC/Special Judge with further following conditions:

i) That the 4th petitioner shall attend the police station on every Sunday in between 10.00 a.m. to 11.00 a.m. until further orders.

ii) The 4th petitioner shall not tamper with the prosecution witnesses in any manner.

iii). He shall not jump bail.

If any of the conditions are violated, the bail granted entails cancellation.

Intimate the concerned authority.

So far as petitioner Nos. 1 to 3 and 5 to 7 are concerned they are at liberty to approach the Sessions Court as the charge sheet is said to have been filed.