HANMANT NINGAPPA KAKANDAKI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the Applicant is seeking bail in Crime No. 332 of 2016 of Police Station Karad City District Satara, under Sec. 302, 365, 324, 386, 323, 506 read with Sec. 34 of IPC.

(2.) The aforesaid offence, is registered on the basis of the complaint lodged by Hiraji alias Anil Dikole on 20/6/2016. The Applicant at the relevant time was working as Asst. Police Inspector attached to Police Station Karad. According to the prosecution, the informant and his brother-in-law Raosaheb Jadhav (since deceased) were picked up by the Applicant and the other police staff attached to Police Station Karad City on 17/6/2016 in connection with a theft case. They were brought and detained at Karve Naka police chowki from 17/6/2016 to 18/6/2016, during which, the Applicant and the other police officers, who are accused in this case assaulted Raosaheb Jadhav with sticks and fist and kick blows after making a demand of Rs.25.00 lakhs. As a result of the injuries sustained, Raosaheb Jadhav died on 18/6/2016. The postmortem report shows the immediate cause of death as "head injury with blunt trauma to abdomen and to left testis ". The probable time of death is shown as 4.15 p.m. on 18/6/2016 at Sahyadri Hospital at Karad. On the basis of the complaint lodged, the offence came to be registered and after the investigation, a chargesheet is filed.

(3.) The learned Sessions Judge, has twice refused, to release the Applicant on bail.