Mumbai, Maharashtra – May 12, 2022 – Ritesh Mahesh Tangadpalli, a 19-year-old, has been granted bail in connection with an attempted murder case registered at Bhandup Police Station (C.R. No. 15 of 2022). The Additional Sessions Judge, Deepak L. Bhagwat, of the Sessions Court for Greater Bombay, approved Tangadpalli’s bail application (Criminal Bail Application No. 900 of 2022) citing a discrepancy in the injury report and the filing of the charge sheet.

Background of the Case:

Tangadpalli was arrested and charged under Sections 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons or means), 324 (voluntarily causing hurt by dangerous¹ weapons or means), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation)² read with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), as well as Section³ 135 of the Maharashtra Police Act.

Allegations and Arrest:

According to the prosecution, on January 9, 2022, Tangadpalli and three other accused, Umesh, Sagar, and Nilesh, abused the complainant. Umesh and Nilesh were allegedly armed with swords, while Tangadpalli and Sagar were armed with knives. Umesh allegedly caused a head injury to the complainant with a sword, Nilesh caused a hand injury, Tangadpalli caused an elbow injury with a knife, and Sagar caused a back injury.

Defense Arguments:

Mr. Vijay Shelar, representing Tangadpalli, argued that there was no material evidence showing his client’s involvement. He emphasized that the charge sheet had been filed and that further detention was unnecessary.

Prosecution’s Counter-Arguments:

Smt. Ujjwala Karvate, the Additional Public Prosecutor (APP), argued that the evidence showed Tangadpalli had caused injuries to the complainant with a deadly weapon and with the intention to cause death. She requested the court to reject the bail application.

Court’s Observations and Decision:

Judge Bhagwat noted that Tangadpalli was alleged to have caused an injury to the complainant’s left elbow with a knife. However, the court also observed that the injury certificate did not show any injury on the complainant’s left elbow. Additionally, while four accused allegedly caused different injuries, the injury certificate only showed two injuries. The court also noted that the complainant had been discharged from the hospital and the charge sheet was filed.

“Although all the 4 accused allegedly caused different injuries, the injury certificate shows presence of only 2 injuries. The informant has already been discharged from the hospital. These circumstances tilt in favour of the accused making out prima facie case for grant of bail. Chargesheet has already been filed. No need of further detention of the applicant so as to make it punitive without adjudication of guilt,” Judge Bhagwat stated in his order.

The court concluded that this was a proper case to grant bail to Tangadpalli, subject to certain conditions.

Bail Conditions:

The court granted bail to Tangadpalli, subject to the following conditions:

• He must execute a Personal Bond of Rs. 20,000 and provide one or two solvent sureties of the same amount.
• He is permitted to furnish provisional cash security of Rs. 20,000 for one month in lieu of the surety bond.
• He must attend Bhandup Police Station whenever called by the Investigating Officer.
• He must provide a list of at least three blood relatives with their detailed residential addresses and work addresses (if any), along with documentary proof.
• He and his surety must inform the police and the trial court of any change in their residential addresses.
• He must submit copies of at least two documents among Pan Card, Aadhaar card, Ration card, Electricity Bill, Voter ID card, or property documents.
• The Investigating Officer (IO) will conduct physical verification of the residential addresses.
• He must not threaten or influence any person acquainted with the case.
• Conditions regarding document submission and verification must be complied with before or during the furnishing of the cash security or surety bond.
• Bail must be furnished before the Court of Metropolitan Magistrate.

Significance of the Ruling:

This ruling highlights the court’s consideration of discrepancies in the evidence and the completion of the investigation when deciding bail applications. The court’s decision underscores that when there are inconsistencies in the prosecution’s case and the charge sheet has been filed, bail can be granted with appropriate conditions.

Key Factors in the Bail Grant:

• Discrepancy in the injury report regarding the alleged elbow injury.
• Filing of the charge sheet.
• Complainant’s discharge from the hospital.
• Conditions to ensure Tangadpalli’s presence and prevent witness intimidation.

Future Proceedings:

The trial will proceed in the Magistrate’s court. The prosecution will be required to prove the charges against Tangadpalli and the other accused beyond a reasonable doubt. The court will monitor Tangadpalli’s compliance with the bail conditions.