The Bombay High Court has granted interim pre-arrest bail to a senior police inspector (Sr PI) and an assistant police inspector (API) of Vijapur Naka Police Station in Solapur in an alleged custodial death case in 2021.
HC grants pre-arrest bail at cost of personal bond of Rs 50k
A vacation bench of Justices Abhay Ahuja and Milind Sathaye granted pre-arrest bail to Sr PI Udaysihnh Patil and API Shitalkumar Kolhal, saying, in case of arrest, they should be released on furnishing a personal bond of Rs50,000 each.
The HC was hearing an appeal filed by Patil and Kolhal challenging the May 17 order of the sessions court rejecting their anticipatory bail pleas.
7 were booked in 2021 custodial death case
Patil, Kolhol and five other policemen were booked in an alleged custodial death of Bhima Kale, 42, a resident of Madha taluka in Solapur, who was arrested in house break-in and robbery cases in September 2021. He died in Solapur government hospital on October 3, 2021. His family alleged that he died due to police torture. The probe was handed over to the Crime Investigation Department (CID).
FIR was registered against seven policemen on April 21, 2022, for offences punishable under Sections of the Indian Penal Code and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.
Satyavrat Joshi, Patil’s advocate, argued that he is falsely implicated in the case and there is a delay in filing FIR. Also, there are no criminal antecedents against him and he is a government servant who was acting only in a supervisory capacity.
Cops did not have any intention, knowledge or motive: Patil’s advocate
On September 24, 2021, Kale complained of pain over lower limbs and was admitted to the civil hospital. This shows the police did not have any intention, knowledge or motive to commit the crime as alleged. Also, the provision of the Atrocities Act has been added later on to the FIR and there is no prima facie case against them under the provisions of the Act, Joshi argued.
Joshi further pointed out a report of the judicial inquiry conducted by a magistrate, which completely exonerates them. The report states that no harassment, either physical, mental or otherwise was caused to the deceased by police officials or by hospital authorities and that the death of the deceased (Kale) could be due to blockage in the heart and non-functioning kidneys.
On an inquiry from the court, Additional Public Prosecutor Madhvi Mhatre submitted that the investigating agency wants to arrest the appellants. The court granted interim relief to Patil and Kolhal and directed them to deposit their passports with the concerned Investigating Officer.
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