BA 220/22
1
ORDER
IN THE COURT OF SESSIONS FOR GREATER BOMBAY
AT MUMBAI
CRIMINAL BAIL APPLICATION 220 OF 2022
( CNR NO.: MHCC020011092022 )
1. Ravi Kariappa Pattamalli,
Age: 33 Yrs, Indian Inhabitant,
R/at. 34/3, Siddhivinayak Chawl,
Galli No.119, Kamraj Nagar,
Ghatkopar (E),
Mumbai 400 077.
2. Janu Bassappa Mhetre,
Age: 38 Yrs, Indian Inhabitant,
R/at. Room No.306, Bldg.No.6,
Mhada Colony, Chembur,
Mumbai400 071.
…Applicants/Accused
V/s.
The State of Maharashtra,
( At the instance of Pant Nagar
Police Station vide C.R.No.34/22)
…Respondent/State.
Appearance:
Mr. Rajesh Katarnavare, Advocate for the applicant/Accused.
Smt. Seema Deshpande, Addl. PP for the State/respondent.
CORAM : H.H. THE ADDL. SESSIONS JUDGE
DEEPAK L. BHAGWAT (C.R.60)
DATE : 05.02.2022
ORDER
1.
Vide present applicant under Section 439 of Code of
Criminal Procedure, the applicants requested to release them on bail in
Crime No. 34 of 2022 register at Pant Nagar Police Station for offences
punishable under Sections 326, 504, 506 r/w. Section 34 of Indian
BA 220/22
2
ORDER
Penal Code.
2.
The prosecution case is that on 16.01.2022 while the
informant and his friend namely Jija were travelling by rikshaw, 4
unknown persons stopped them. When the informant and Jija told that
they will not be renting the rikshaw as they were going back to home,
those 4 unknown persons assaulted the informant and Jija on their head
by a bear bottle. They also caused injury on the informant’s right hand
by some sharp weapon. While leaving the place one of them referring
the name of the others as Ravi and Janu asked them to flee away.
3.
The learned advocate on behalf of the applicant argued
that the allegations against the applicants are that they were assaulting
by hands. The informant has been discharged on the same day from the
hospital. There are no criminal antecedents of the applicant. The
applicants are ready to obey the conditions. Therefore, the learned
advocate requested to allow the application.
4.
On the other hand, the learned APP argued that yet
remaining 2 accused are to be revealed. There is material showing
involvement of the applicant in commission of the crime. Therefore, she
requested to reject the application.
5.
On perusal of the case papers particularly the injury
certificates it appears that the medical officer opined the injuries of the
informant and Jija to be simple although ENT reference is advised.
Thus, apparently the offence that would constitute is Section 324 of
Indian Penal Code. The police custody period of the applicant is already
over. No propriety to detain them for further period. Better to direct
BA 220/22
3
ORDER
them to attend the police station for investigation. Considering all these
circumstances it is just and proper to grant the bail application subject
to certain conditions. Hence, order as follows is passed:
:ORDER:
1. The Bail Application No.220 of 2022 is allowed as under.
2. The applicants accused namely Ravi Kariappa Pattamalli and Janu
Bassappa Mhetre be released on bail on each executing personal bond
of Rs.20,000/ and one or two solvent sureties of the same amount in
Crime No. 34 of 2022 registered at Pant Nagar Police Station.
3.
Cash security of Rs.20,000/ is permitted provisionally to each of
the applicant for the period of 1 month in lieu of the surety bond.
4
The accused shall attend the Pant Nagar Police Station on every
Monday in between 10.00 am to 12.00 pm till filing of the chargesheet.
5.
The accused shall submit a list of atleast 3 blood relatives with
their detailed residential addresses and also the addresses of their place
of work if any, and documentary proof of showing the correctness of the
details provided by them.
6.
The accused and the surety shall inform the police authorities as
well as the trial court, the change of their residential address while the
accused is on bail.
7.
The accused shall submit copies of at least 2 documents amongst
the Pan Card, Adhar card, Ration card, Electricity Bill, Voter ID card
issued by the election commission or the documents in respect of
immovable properties owned by him.
8.
After submission of the documents as mentioned above, the
Investigating Officer shall conduct physical verification of the residential
address so as to confirm the address appearing on those documents.
9.
The accused shall not make any inducement or threat to any
person acquainted with the facts of the case so as to dissuade him from
BA 220/22
4
ORDER
disclosing such facts to the court or to any police officer or tamper with
the evidence.
10.
The accused shall not leave territorial limits of Mumbai without
prior permission of the trial court.
11.
Conditions No. 5 to 8 shall be complied with simultaneous to the
furnishing of the cash security or the surety bond whichever is earlier.
12.
Bail before the Court of Metropolitan Magistrate.
DEEPAK
LAXMANRAO
BHAGWAT
Digitally signed
by DEEPAK
LAXMANRAO
BHAGWAT
Date: 2022.02.05
12:53:36 +0530
(Deepak L. Bhagwat)
Addl. Session Judge
Sessions Court,
Mumbai. C.R. 60
Dictated on
Transcribed on
Date of sign
: 05.02.2022
: 05.02.2022
: 05.02.2022
BA 220/22
5
ORDER
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
05.02.2022, 01.00pm
UPLOAD DATE AND TIME
Mrs. Revati V. Kadam
NAME OF STENOGRAPHER
Name of the Judge (with Court Room
No.)
HHJ Deepak L. Bhagwat,(C.R.No.60)
Addl. Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order
05.02.2022
Order signed by P.O. on
05.02.2022
order uploaded on
05.02.2022