MAYUR RAJENDRA GUNJAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant who has been charge-sheeted for the offence punishable under Sections 302, 201 read with Section 34 has filed the present application seeking his release on bail. The C.R. No. 53 of 2019 registered with Alephata Police Station, Pune on 19th February 2019 resulted into the charge-sheet being filed and the case being committed to the Court of Sessions and numbered as RCC No.70 of 2019. It involve two accused persons, the applicant being indicated as accused no.1.

(2.) Heard the learned counsel Dr. Abhinav Chandrachud for the applicant and Ms.Deshmukh, learned APP for the State. The charge-sheet has been placed on record and I have perused the same with the assistance of the respective counsel. The complainant is one Arjun Kulkarni, the cousin brother of deceased Mangesh Prakash Kulkarnni. On 12th February 2019, he reported that on 10th February 2019, his cousin Mangesh received a phone call at around 4.00 p.m and therefore, he rode out on his motor cycle by informing that he is going out for attending his music classes at Alephata. This was informed to him by his sister-in-law and his cousin Prakash. Thereafter, Mangesh did not return and therefore, on 11th February 2019, a missing complaint was recorded by his wife at Alephata Police Station. On 11 th February 2019, the body of Mangesh was found at around 2.15 p.m along with his motor-cycle at Alephata at Ane, Taluka Junnar, District Pune. It was traced in Ane Ghat near a bridge and the witnesses who first found the body informed the Alephata police station, resulting into registration of A.D. No. 4 of 2019 under Section 174 of the Code of Criminal Procedure.

(3.) It is in this background that the investigating machinery was set into motion. On the body being traced, the Inquest was conducted which was followed by post mortem. The Inquest Panchnama dated 11 th February 2019 disclose that on examination of the body of the deceased a bump is located on the back side of the head and some red colour substance was oozing. Abrasions are noted on the face and there is colouration of the skin between the left ear and the jaw. Similarly, black colour spots are noted near the right ear below the jaw. On removal of the shirt, the left portion of the chest near the ribs has turned blackish and bluish in colour. Similarly, on the left side of the chest, there are abrasions. Abrasions are also noted on his both hands, on the left knee as well as on the right thighs and knee. On examination of his private parts, nothing abnormal has been noted, but a white substance penile discharge is noted. The post mortem report vide no.11 of 2019 conducted at Primary Health Centre (PHC) Ale, record the time of starting of the post mortem as 20.00 hrs and ending at 20.30 hrs. The post mortem report in column no.13 reflect red coloured fluid oozing through both nostrils and bleeding through left ear. There are several injuries recorded in column no.17, prominent amongst those are :