1 crba701.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (BA) No.701/2011 ( Raju Bharat Vichve ..Vs.. State of Maharashtra, through P.S.O. Maregaon, Distt. Yavatmal ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.P. Gadling, Adv. for applicant. Mr. V.A. Thakre, A.P.P. for State/respondent. CORAM : M.N. GILANI, J. DATED : 22.12.2011. 1. This is an application under section 439 of the Criminal Procedure Code for releasing the applicant/accused on bail against whom the offence bearing Crime No.22/2011, registered with the police station Maregaon, Distt. Yavatmal for the offence punishable under sections 302, 120-B of the Indian Penal Code. 2. Savita daughter of Sambha Pawde was married to the applicant/accused in the year 2006. Out of this wedlock they have one issue. Three years prior to the incident, there 2 crba701.11 was dispute between the couple. The dispute was amicably settled. Savita resumed cohabitation. It is alleged that the applicant/accused continued to ill-treat Savita. There was demand of Rs.5,000/-. Once she was driven out of the house and was asked to bring Rs.5,000/- from her parents. Her father borrowed Rs.5,000/- and gave it to the father of the applicant/accused. They were asking for more amount. 3. Incident occurred on 16/5/2011. Savita died because of strangulation while she was in the house of applicant/accused. The investigation revealed that the body of Savita was found lying on the cot in the house of applicant/accused. There are statements of witnesses namely Purushottam and Gajanan before whom the applicant/accused made disclosure that he had strangulated his wife. 4. The past history, the homicidal death of Savita in the house of the applicant/accused coupled with extra judicial confession point out the involvement of the applicant/accused in the offence punishable under section 302 of the Indian Penal Code. 5. Considering the gravity and nature of the offence, it will not be desirable to release the applicant/accused on bail. 3 crba701.11 Learned Additional Sessions Judge Kelapur was right in rejecting the application. 6. Application is rejected. JUDGE Tambaskar.