Shankar Janappa Karane vs State Of Maharashtra
2022 Latest Caselaw 8765 Bom

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                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.667 OF 2022
                                                      IN
                                        CRIMINAL APPEAL NO.196 OF 2022

                                                        WITH

                                      INTERIM APPLICATION NO.667 OF 2022
                                                      IN
                                        CRIMINAL APPEAL NO.196 OF 2022

                       Shankar Janappa Karane                          .... Applicant

                                 versus

                       State of Maharashtra                            .... Respondent
                                                        .......

                       •      Mr. M. K. Kocharekar, Advocate for Applicant.
                       •      Smt. M. R. Tidke, APP for the State/Respondent.

                                                CORAM       : SARANG V. KOTWAL, J.
                                                DATE        : 05th SEPTEMBER, 2022

                       P.C. :


                       1.            Both these Applications are filed for suspension of

                            sentence and releasing the Applicant on bail during pendency of

                            Criminal Appeal No.196 of 2022. The Applicant was convicted
          Digitally


                            by the Additional Sessions Judge, City Civil & Sessions Court,
          signed by
          MANUSHREE
MANUSHREE V
V         NESARIKAR
NESARIKAR Date:
          2022.09.07
          15:06:17
          +0530

                            Greater Mumbai, in Sessions Case No.93 of 2014 vide his
                  Nesarikar
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     judgment and order dated 20/01/2022. The Applicant was

     charged with commission of offence punishable u/s 302 of the

     Indian Penal Code. However, he was acquitted from that charge

     and instead was convicted for an offence punishable u/s 304

     (Part II) of the Indian Penal Code. He was sentenced to suffer

     rigorous imprisonment for 10 years and to pay a fine of

     Rs.10,000/- and in default to suffer rigorous imprisonment for

     six months. The Applicant was granted set off for the period he

     had undergone as an under trial prisoner. He was in custody

     before the trial from 07/07/2013 to 13/08/2014. Thereafter he

     was on bail during trial. After his conviction he was taken into

     custody and as of now he has completed almost 1 year and 8

     months of his actual imprisonment.



2.            Heard Mr. M. K. Kocharekar, learned counsel for the

     Applicant and Smt. M. R. Tidke, learned APP for the State.



3.            The prosecution case is that on 07/07/2013 the

     deceased Katalappa Jetharam was cleaning his cot. On this petty
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     issue there was quarrel between him and the Applicant. During

     the quarrel the Applicant pushed him on the ground and banged

     his head against a stone. Because of this, Katalappa suffered

     injuries and ultimately succumbed to his injuries.



4.             Learned counsel Mr.Kocharekar submitted that it was a

     petty issue and a petty quarrel. During quarrel, the head of the

     deceased was banged against the ground. So offfence punishable

     u/s 304 (Part II) may not be made out. The sentence is too

     harsh. He has no antecedents. He was in custody for more than

     1 year and 8 months. He was on bail during trial.



5.             Learned APP opposed this application. She submitted

     that the offence is serious. One life is lost.



6.             I have considered these submissions. I have perused

     the evidence of the eyewitnesses as well as the medical

     evidence. There are two eyewitnesses P.W.1 Raju Earapulla and

     P.W.3 Smt. Katalamma Earpulla. Their evidence is consistent.
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     Both of them have deposed that the quarrel had started on a

     petty issue and during quarrel the head of the deceased was

     banged on the ground by the Applicant.



7.            All these issues whether the offence punishable u/s 304

     (Part II) of IPC is made out or whether any lesser offence is

     made out, will have to be decided during final hearing of the

     Appeal. The Appeal is already admitted. The Applicant was on

     bail during trial. There is some force in the submissions of

     learned counsel Mr.Kocharekar that it may be a lesser offence

     calling for lesser punishment. He has not misused his liberty

     when he was on bail. Therefore the Applicant can be granted

     bail during pendency and final disposal of the Appeal.



8.            Hence, the following order :



                               ORDER

(i) During pendency and final disposal of the Criminal Appeal No.196 of 2022, the Applicant 5/5 01-IA-667-22-&-668-22.odt

is directed to be released on bail on his furnishing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only), with one or two sureties in the like amount.

(ii) Both the Interim Applications stand disposed of accordingly.

(SARANG V. KOTWAL, J.)