PRABHAKAR NARAYAN GAWDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application for bail. The Applicant who is a Police Constable is arrested and is in custody in Sessions Case No.194 of 1997. In brief the allegation against the Applicant is that C.R.No. 126/97 of Rabale Police Station was registered against him for offence punishable under sections 452, 307, 302 of the I.P.C. r/w. sec. 25(1) of the Arms Act. The Applicant came to be arrested on 17.1.1997. The incident in question took place on 17.1.1997 at about 7.00 a.m. The deceased was none else than the real sister of the Applicant, named Ujwala Suhas Karnekar. According to the prosecution she was married to Suhas Sitaram Karnekar on 20.12.1995. It was a love marriage and against the wishes of the present Applicant. The Applicant did not like the said Suhas Karnekar getting married to his sister and even before the marriage he had threatened Suhas that he would kill him if he marries the Applicant's sister. However, the other members of the family did not oppose the marriage. Even the parents of the Applicant were residing in the same building, namely 'Saileela' Apartment Co-op.Society, and the Petitioner alone was staying at Mumbai. Ujwala and her husband had been residing in the said building for about 2 1/2 months but in separate apartment and not in the apartment of Ujwala's father.

(2.) ACCORDING to the prosecution on the morning of 17.1.1997, the door bell of the house of Ujwala rang and therefore, she opened the door. The Applicant entered the room abused her and threatened her husband (complainant). The Applicant then took out his service revolver and fired at the complainant. His wife i.e. Ujwala, the sister of the Applicant, tried to intervene when the Applicant also fired at her and he thereafter ran away. The neighbours gathered there and removed the Complainant and his wife to civil hospital. Evidence against the Applicant consist of version of the eyewitnesses especially that of the complainant in whose presence the incident took place and who was first shot by the Applicant. The statements of the neighbouring residents who heard the sound of firing and who reached the complainant and his wife to hospital were also recorded, although they did not claim to be the eye witnesses to the incident inasmuch as they reached after the incident. There is evidence of post-mortem note, panchanama scene of offence and bullets fired from the revolver as well as recovery of the revolver along with the bullets, the report of the forensic science laboratory and ballestic expert's report. Although the matter was argued on merits also, the above stated evidence which consist of the applicant having motive to do away with the life of his sister as well as the statement of eye-witness i.e. the husband of the deceased, who saw the incident and the fact that the Applicant possessed the service revolver from which shots are alleged to have been fired which is borne out by the ballestic report and other circumstances, it is crystal clear that prima-facie there is strong evidence that Applicant has misused his service revolver to take revenge and to cause death of his sister and in the face of these circumstances, the matter was not pressed on the merit by the learned Counsel appearing for the Applicant.

(3.) APPLICANT filed an application for grant of bail on 12.6.1997 before the Sessions Court, Thane, and the learned 2nd Addl. Sessions Judge who heard the said application, rejected the same on 18.8.1997. The application was filed after the charge-sheet had been filed, but before the case was committed to the Court of Sessions. These dates being material to consider the arguments advanced on behalf of the Applicant have been stated with all the details.