Hon'ble Judges/Coram:
Hanchate Sanjeev Kumar

ORDER

Hanchate Sanjeev Kumar, J.

1. Crl.P. No. 200315/2020 is filed by the petitioner / accused No. 2 under Section 439 of Cr.P.C. and Crl.P. No. 200318/2020 is filed by the petitioner / accused No. 1 under Section 439 of Cr.P.C., seeking to enlarge them on bail.

2. Since both the petitions arising out of same Crime i.e., in Crime No. 72/2020 of Shahapur P.S., they are taken up together, heard and disposed of by this common order.

3. In nutshell, prosecution's case as per FIS is as under;

It is stated by the first informant, Smt. Tarabai, who is the mother of the injured (minor son) of 14 years old that she is having two female and two male children, among them, the injured was studying in 8th Standard when the alleged incident (now going to be stated) was occurred. It is alleged that on 28.02.2020, the first informant and his elder son namely, Santosh had been to Ukkanal Thanda and at 4.30 p.m., her husband had called her through phone stating that the petitioners and other accused have assaulted their son and therefore they were going to admit him to the hospital and further told the first informant to come to Shahapur, accordingly at 5.00 p.m., the first informant and her son went to Govt. Hospital, Shahapur, wherein they saw the injured-Anand, who had sustained grievous injuries on the head and was not in a position to talk, upon enquiry with her husband, who told that their son-Anand after coming from school had taken Ox for grazing and returned to the house at 4.00 p.m. At that time, the petitioners herein came to their house, abused him in filthy language saying that why the Ox was left to graze in his (accused No. 1's) field and taken the injured to their field, wherein the petitioners have shown the place of grazing and immediately petitioner / accused No. 1-Sahebreddy picked up an Axe and assaulted on the head of the minor injured and the petitioner/accused No. 2-Mareppa had kicked the injured and other accused have instigated both accused Nos. 1 and 2 to finish him and also abused with reference to the caste, knowing fully well the caste of the injured and the first informant. Thus, in this way the petitioners and other accused have attempted to commit the murder of the injured by assaulting on the head with Axe. Therefore, with these allegations, a case in Crime No. 72/2020, came to be registered against the petitioners and other accused for the offences punishable under Sections 143, 147, 148, 323, 307, 504 and 506 read with Section 149 of IPC and Sections 3(1)(r), 3(1)(s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('SC/ST Act', for brevity).

4. The learned counsel for the petitioner in Crl.P. No. 200318/2020 had impleaded- Smt. Tarabai, the first informant as respondent No. 2 as she is also victim as her son had sustained injuries.

5. The learned counsel for the petitioner in Crl.P. No. 20........