KAMAL ANANDA MAHAPURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, applicant is seeking regular bail in Crime No. 7 of 2019 registered with Dhebewadi Police Station, Satara for the offences punishable under Ss. 302, 201, 120-B and 34 of the Indian Penal Code 1860 (for short "IPC") and Sec. 3 of Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practises and Black Magic Act, 2013.

(2.) It is prosecution's case that the applicant and co-accused murdered the daughter of the complainant by slitting her throat as human sacrifice to get prosperity and hidden wealth. The allegations against the applicant are that she fed the sacred prasad, chanted mantras and held legs of the victim at the time of human sacrifice.

(3.) It is the contention of learned counsel for applicant that the applicant is a lady and senior citizen, more than 61 year old. She is behind bar for more than two years. Charge has been framed against her but trial has not been commenced. The statement of the witness -Aniket Aatkari was recorded immediately after the incident. Thereafter his statement was recorded under Sec. 164 of the Code of Criminal Procedure, 1973 before the magistrate. In those statements, he has not uttered any word against the applicant and after three years of the incident, he has stated that he saw the applicant on incident spot, which is suspicious, as after three years he has stated that he has witnessed the incident. Learned counsel, on instructions, submits that if this Court is inclined to allow the bail application, the applicant will not enter into Satara District till conclusion of trial, where the incident happened nor she will ask for relaxation of condition from this Court. Hence, requested to allow the application.