Bombay High Court

INDIA: BOMBAY HC SETS ASIDE DEATH PENALTY OF KEY ACCUSED FOR MURDER OF PUNE FAMILY IN 1997, ORDERS HIS RELEASE

December 11, 2024:

The Bombay High Court on December 9, 2024 set aside the death penalty granted to the key accused by a lower court for the murder of four members of a family, including two children, 27 years ago in Pune.
A bench of Justices Bharati H Dangre and Manjusha A Deshpande dismissed a plea by the state government seeking confirmation of the death sentence granted by a Pune court to Bhagwat Bajirao Kale in 2021 citing insufficient evidence to uphold the conviction.
The High Court found that Kale “does not deserve the death sentence,” and allowed his appeal against the Pune court order. The high court also set aside the finding of his conviction and death sentence through the December 14, 2021, judgement of the Pune court. “The appellant Bhagwat Kale is entitled to be set at liberty forthwith,” the bench noted.
While overturning Kale’s death sentence, the HC observed that no conclusive case was made to confirm his guilt, ultimately acquitting him of charges including murder, robbery, and criminal trespass.
The case against Bhagwan Kale relied heavily on circumstantial evidence.
In its judgement, the Pune court observed, “The conscience of society and even humanhood is shocked by such a brutal and barbaric act. There is a need to give a deterrent message. The society also expects the same. The accused, committing such a barbaric act is a menace to the harmony of society. Accordingly, the accused deserves to be awarded with the capital sentence”.
On May 15, 1997, Ramesh Jaykumar Patil, 55, Vijaya Kumari alias Vijaya Patil, 47, Pooja Patil, 13, and Manjunath Patil, 10, were murdered at their residence. The Patils, who were from Karnataka’s Hubli, lived in a rented apartment where Kale’s wife Geeta worked as a domestic help.
As per the prosecution, Kale, Geeta, and their relative Sahebrao killed the family and fled with cash and silver ornaments worth nearly Rs 49 lakh.
They were arrested in September 1997. However, Kale and Sahebrao escaped police custody while being taken to the court. Sahebrao was rearrested in 2001.
Geeta was sentenced to life imprisonment and Sahebrao was awarded the death penalty by the Pune Court, prompting them to approach the Bombay High Court, claiming they were minors when they committed the crime. The High Court ordered their release in the case.
Following Kale’s rearrest in 2009, a trial was conducted against him and he was convicted by the Pune court in 2021. He approached the Bombay High Court in 2023.