Bheema Dattu Koli v. The State Of Maharashtra

Agk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1664 OF 2014 Bheema Dattu Koli & others ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr. Raja Thakare, i/b Gautam Kanchanpurkar, for the Applicant.

Mrs. A.A. Mane, APP, for the State.

Mr. B.H. Kakad, P.I., Dharavi Police Station, for the State. CORAM: G.S. PATEL DATED:

VACATION JUDGE 31st December 2014 PC:- 1.

The Applicants are some of several accused in C.R. No. I-134 of 2014 dated 29th March 2014 registered with the Dharavi Police Station under Sections 454, 457, 380 of the Indian Penal Code and Section 3(1), (2), (10) and 3(2)(3) of the Scheduled Castes and Scheduled Tribes (Preventions of Atrocities) Act. 2.

The case of the prosecution is that when the Complainant went to Delhi for work between 5th and 11th March 2014, all the accused entered his house, stole certain articles and abused the

complainant's mother by making casteist remarks. An FIR was lodged on 29th March 2014. Investigation has commenced thereafter.

3.

On 17th November 2014, the original Accused Nos. 1 to 3 were arrested. They were produced before the learned Metropolitan Magistrate, Bandra, who first remanded them to police custody and later to judicial custody. Original Accused Nos. 1 to 3 filed Criminal Application No. 2591 of 2014 seeking bail. By an order dated 6th December 2014, Accused Nos. 1 to 3 were released on bail. The present Applicants are other persons mentioned in the original FIR. It is clear from the FIR that although they are named, no specific role is attributed to any of them. 4.

In my view, this is an appropriate case for grant of reliefs, though Mrs. Mane, learned AGP, opposes strongly, contending that the offences are serious indeed.

5.

Hence, in the event of the Applicants being apprehended in connection with C.R. No. I-134 of 2014 dated 29th March 2014 registered with the Dharavi Police Station, they shall be enlarged on bail on each of them furnishing a P.R. Bond of Rs. 20,000/- with one solvent local surety each in the like amount, subject to the following:

(a) The Applicants will report the Dharavi Police Station as and when required.

(b) The Applicants shall not, directly or indirectly, make any inducement or threat to any prosecution witness and shall not in any manner tamper with the prosecution evidence and shall not in any way impede the investigation.

(c) Any observation/s made in this order shall not be construed as any finding or any expression of opinion on the merits of the case till the time of trial; (d) Any breach of these bail conditions shall result in cancellation of bail.

6.

Application disposed of in these terms. All concerned to act on an authenticated copy of this order.

(G. S. PATEL, J.)