DEEPAK SAMBHAJI KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Sec. 438 of the Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R. No.293 of 2023 registered with Mangalvedha Police Station, District-Solapur (rural) for the offences punishable under Ss. 306, 323, 384, 504 and 506 r/w 34 of the IPC .

(2.) Heard Mr. Sandip Kagade, learned counsel for the Applicant and Mr. S.V. Gavand, learned APP for the Respondent -State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

(3.) The aforesaid crime was registered pursuant to the FIR lodged by Deepak Dhavare, the brother of deceased-Hanmant Dhavare. The facts narrated in the FIR prima facie reveal that the deceased had left the house on 03/04/2023. Since he did not return home, his wife lodged a missing report on 06/04/2023. On 07/04/2023, body of the deceased was found hanging on a tree in the nearby field. The First Information Report came to be lodged on 18/04/2023 alleging that the deceased had extra marital relationship with the daughter of the co-accused -Sambhaji Kale, who constantly abused and threatened him and further demanded an amount of Rs.50,000.00 to resolve the dispute. It is further stated that the deceased was also facing trial in a murder matter and that he was released on bail. The First Informant has alleged that the co-accused Bharat Annappa Dhavare, Annappa Bharat Dhavare, Nagnath Bharat Dhavare, Milind Bhimrao Dhavare had threatened to cancel his bail and to implead him in a false case. It is stated that the deceased was under tremendous mental pressure because of threats given by the co- accused.