IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

38 BAIL APPLICATION NO.41 OF 2022

Ramesh s/o Tukaram Hake

…Applicant

Versus

The State of Maharashtra

...Respondent

...

Advocate for Applicant : Shri P. P. More

APP for Respondent – State : Shri S. B. Narwade

...

CORAM : M. G. SEWLIKAR, J.

DATED : 31-01-2022

PER COURT :-

1.

This is an application under Section 439 of the Code of

Criminal Procedure for the enlargement of the applicant on bail

in connection with Crime No. 148/2021 registered with Naldurga

Police Station, District Osmanabad, under Section 302 read with

34 of the Indian Penal Code.

2.

It is the case of the prosecution that the deceased was the

husband of Balika. Balika is the sister of the applicant. The

relations between deceased and Balika became strained. There

was a marital discord between the deceased and Balika.

Therefore, applicant had taken back Balika. Balika was brought

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back to her matrimonial home.

3.

It is alleged in the FIR that on 5^th May, 2021, again there

was a quarrel between Balika and the deceased Sidhu. At 3.00

p.m. applicant Nos. 1 and 2 came to her matrimonial place by

Pick-up Van bearing No. MH-13 AN 4239 and took back Balika at

about 3.15 to 3.30 p.m. At about 300 ft., the informant who is

the father of the deceased along with the deceased was waiting

to convince the applicant and the other accused. The deceased

had put stones on the road to stop the Pick-Up Van. Informant

and the deceased were signalling the Pick-Up van to stop but

the applicant who was driving the Pick-Up Van did not pay any

heed and gave dash to the deceased. Deceased was taken to

the Hospital. During treatment he succumbed to the injuries.

4.

Learned counsel Shri More submits that the sequence of

events clearly show that the applicant had no intention to kill

the deceased. He submits that the deceased and his father had

put the stones on road to stop the Pick-Up Van. He submits that

it was purely a case of accident. He submits that the sequence

of events clearly show that the applicant had no intention to kill

the deceased. At the most it can be said that he had the

knowledge that his act would cause the death of the deceased.

Therefore, the ofence would fall within the provisions of Section

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304-B of the Indian Penal Code.

5.

Charge-sheet is fled. Applicant was driving the Pick-up

Van. The marital relations between the deceased Sidhu and

Balika were strained. They were not getting along well with

each other. Therefore, applicant and other accused had come to

take her back. They took her back and they were returning in

the Pick-up Van. The deceased Sidhu and his father were trying

to stop the applicant and other accused. They were signalling

the applicant and other accused to stop the Pick-up Van. But

the applicant who was driving the Pick-up Van at that time did

not pay any heed to his signals and gave dash to the deceased

Sidhu. This sequence of events, by no stretch of imagination,

indicate that it was an accident. As indicated earlier the

applicant did not lower the speed, he did not stop the Pick-Up

Van and continued to drive in the same speed. As a result of

which he gave dash to the deceased Sidhu on account of which

he lost his life. It is pertinent to note that the deceased was the

husband of the sister of the applicant. Despite giving dash he

did not stop the Pick-Up Van nor did he report to the Police

Station and simply fed from the spot. Learned counsel Shri

More submits that the applicant did not stop to avoid crowd fury.

Even if this argument is accepted, the question remains

unanswered as to why he did not report to the Police Station.

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Moreover, the act itself was so imminently dangerous that the

applicant knew that in all probability he would cause the death

of the deceased. This action of the applicant falls in Section 300

of the Indian Pe