1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1365 OF 2009 Babasaheb Vishnu Kamble .. Applicant. Vs. State of Maharashtra .. Respondent. Mr.Rahul Kulkarni for the applicant. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 6TH MAY, 2009. DATED : 6TH MAY, 2009. DATED : 6TH MAY, 2009. P.C.: . Heard learned counsel for the applicant and learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.90 of 2008 of Shirol police station, Dist.Kolhapur. The said crime has been registered against the applicant and one another for having allegedly committed an offence punishable under sections 498-A, 306 r/w 34 of IPC. 3. The case of the prosecution is that the applicant and his mother subjected the deceased - Anita to cruelty with a view to coercing her and her family members to fulfil their demand of monies. The 2 2 2 harassment ultimately drove her to commit suicide. The alleged incident occurred on 10.11.2008 at 10.30 am. I have perused the statements of neighbours. From their statements, it appears that the deceased alone was in the house when she committed suicide by consuming insecticide. Mr.Kulkarni, learned counsel for the applicant, submits that the allegation against the applicant that he was demanding Rs.50,000/- for laying pipeline in the field is absolutely false. He submits that the applicant is not having any field of his own and, therefore, demanding monies for laying pipeline did not arise. He further submits that none of the statements of the neighbours show that there was any immediate reason for the deceased to consume poison and commit suicide. He then submitted that after the marriage in May, 2005, the deceased stayed with the applicant for hardly six months and again returned just six months prior to the alleged incident. Having considered overall facts and circumstances of the case and considering that the applicant came to be arrested in November, 2008, and that the trial is not likely to commence in near future, I am satisfied that continued detention of the applicant is not necessary. Hence the following order: 3 3 3 . The applicant be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount subject to the condition that the applicant shall report to the concerned police station on the first Saturday of every month between 10 am and 11 am till conclusion of the trial. . While passing this order I shall not be understood to have expressed any opinion on merits of the case and the trial Court shall deal with the case uninfluenced by the observations made in this order. . The application is disposed of. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)