The court ruled that circumstantial evidence and witness statements established a prima facie case against the applicant, justifying the denial of bail.

JUDGMENT :

(ARUN R. PEDNEKER, J.)

1] Heard learned counsel for the applicant Mr. S.J. Salunke alongwith Ms. P. S. Ingle and the learned APP for the respondent-State.

2] By the present application, the applicant is seeking regular bail as he was arrested on 08.07.2024 in connection with Crime No.332/2024 dated 07.07.2024, registered with Nawa Mondha Police Station, Parbhani, District Parbhani, for the offences punishable under sections 103 (1) [302 of I.P.C], 238 of the Bharatiya Nyaya Sanhita, 2023.

3] In brief, the case of the prosecution against the applicant as reflected in the F.I.R (dated 07.07.2024) is that the informant (son of the deceased Laxmi) informed the police that the deceased was providing tiffins to school students. The applicant had relations with his mother and that the applicant was visiting home of informant to meet his mother for past one and half years and there was some dispute between them on account of monitory transactions. On the earlier occasion the applicant had threatened his mother that he would kill her. It is also stated in the F.I.R. that 10 to 12 days prior to the incident in the morning hours at 10:00 A.M., the applicant had been to the house of the informant when his mother had locked house from inside and had driven away the applicant out of the house without permitting him to come in. At that time the applicant had threatened his mother that he would kill her. It is also stated that the applicant has criminal tendency and as such normally the people do not report him to the police.

4] It is further stated that on 07.07.2024 at 10:30 A.M. the informant had been to the rally of Jarange Patil (activist). At that time his mother Laxmi, father (Dnyaneshwar) and brother Onkar were at home at 02:00 P.M. The informant, after finishing the meeting of Jarange Patil, went to his friend, namely, More and slept at his place till 04:30 P.M. Approximately at 04:30 p.m., the informant came back to his house when he found that the iron gate of house was not locked. He went in the house, closed the door and went to the bathroom, washed his legs and thereafter he went inside. He found that his mother was lying on the floor bleeding and she had 2-3 major wounds on her head. He called her mother but she was unconscious. Thereafter, he called his neighbours and took her to the hospital where the Doctor declared her dead.

5] Meanwhile the informant called his father to the hospital, when father informed him as under :-

6] Accordingly, the information was lodged that he has deep suspicion that the applicant has killed his mother as he was in company with his mother after 02:00 P.M. and that the applicant had fight for some monitory reasons with mother of the informant. So also, earlier threats were given by the applicant to the deceased. On the basis of the information dated 07.07.2024, the applicant was arrested on 08.07.2024. In the arrest Panchnama dated 09.07.2024, the applicant has surrendered his clothes which he was wearing on the date of his arrest.

The details of the property seized are described in seizure panchnama dated 09.07.2024 which is as under:

7] During the investigation, the statement of father was recorded on 12.07.2024. In his statement, he has stated that he knows the applicant for past 2-3 months as the applicant used to visit his house as his wife and the applicant had some monitory business. He stated that 2 months prior to the incident, the applicant had come to their house. There was some fight between the applicant and his wife and at that time he had threatened his wife that he would kill her.

8] It is further stated that on 07.07.2024 at 09:00 A.M, when he got up, his son went for meeting of Jarange Patil at around 11 A.M. and he also left to his work when his wife was alone at home. It is stated that around 01:00 P.M. he returned home, at that time his wife and the applicant was present at the house. The applicant was demanding money from his wife. Thereafter, on say of his wife to go to th