The Bombay High Court has provided pre-arrest bail to seven policemen from Solapur in a case of alleged culpable homicide not amounting to murder. This decision comes after a man died while in police custody, and the court observed that the magisterial inquiry found no evidence of harassment or torture by the police.

Justice Bharati Dangre granted protection from arrest to Atish Patil, Udaysinh Patil, Shitalkumar Kolhad, Laxman Rathod, and three others. The court directed their release on furnishing a personal bond of Rs 50,000 each, in the event of arrest.

Background of the Case

According to the prosecution, Bhima Kale, 42, was arrested on September 22, 2021, in connection with an alleged theft case registered by the Vijapur Naka police station. At the time of his arrest, he was already in judicial custody for another case. Despite being admitted to Solapur Civil Hospital on September 24 due to fever and other symptoms, Kale passed away on October 4 while in hospital.

Magisterial Inquiry and Subsequent Legal Proceedings

A magisterial inquiry was ordered by the chief judicial magistrate to determine the cause of Kale’s death. On April 5, 2022, the inquiry report was submitted, leading to the registration of an FIR against the seven policemen. As the deceased belonged to a reserved category, provisions of the Atrocities Act were also invoked against the officers.

After their pre-arrest bail plea was rejected by the sessions court in May, the policemen approached the High Court for relief.

High Court’s Rationale

The High Court acknowledged that custodial death is considered a grave crime in a civilized society but pointed to the inquiry report’s findings. The report stated that there was no harassment, either physical or mental, to the deceased by the police or hospital authorities. The autopsy report attributed the death to “coronary artery disease,” categorizing it as a “natural” death.

The court emphasized that there was no material to indict the officers for culpable homicide not amounting to murder. It noted that the same set of witnesses, including statements and the postmortem report, indicated that the death resulted from coronary heart disease.

Protection Granted by the High Court

Concluding its decision, Justice Dangre stated that the appellants, being police officers, would cooperate in the investigation. Therefore, they deserved protection from arrest.

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