1 cri.appln4820-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4820 OF 2010 Vishnu Babu Pastam ...Applicant vs. The State of Maharasthra ...Respondent Mr.Shavez Mukri i/b. Mr.O.A. Siddiqui for the Applicant. Mr.J.P. Kharge, APP for the Respondent-State. CORAM : J.H. BHATIA, J. DATED : NOVEMBER 23, 2010 P.C. :- 1 The present applicant, who is accused in Crime No.149/2010 registered with Kasturba Marg Police Station under Sections 304-B, 498-A, 114 read with 34 of the IPC, has filed this application for bail. Other three accused in the case are father, mother and brother of the present applicant. 2 Prosecution case in brief is that the 2 cri.appln4820-2010 accused no.1 i.e. the present applicant and deceased Nirmala were in love since the year 2007. They belong to same community from Andhra Pradesh. In spite of the resistance from the families of both of them, they continued their love affair and finally, the parents of both of them agreed and therefore, marriage was performed on 30th October, 2008 at village Tururmandal, District Warangal, as per the customs of the community. At that time, according to father of the girl, he had given gold ornaments weighing five and half tolas and some household utensils according to his financial capacity and Nirmala went to live with her husband. For some time, they were living happily after marriage. on 26th July, 2010, Nirmala committed suicide by immolating herself and after getting information of the same, her father came to Bombay and on 27th July, 2010, he lodged a report with the police. According to him in March, 2009, accused had made demand of Rs.5 lakhs through Nirmala for establishing business of Computer Multimedia, 3 cri.appln4820-2010 however, her father could not make the payment because of financial constraints. The demand was continued from time to time. She gave birth to a male child in the August 2009 at the house of her parents. The accused had closed his business at Hydrabad because of financial losses. In October, 2009, the accused took his wife and child to his house. At that time, of his own accord, her father gave assistance of Rs.30,000/- to them so that they could establish and run their family. Thereafter, he also provided them amount of Rs.15,000/- so that they could pay rent of the house and to purchase some ration. The demand of Rs.5 lakhs, however, was made from time to time. The accused and their relatives had decided to perform the naming ceremony of new born son in their village which was not liked by Nirmala and there were disputes and she was being ill-treated. On 23rd May, 2010, her father left Bombay and went to his village after instructing his elder daughter Sarita to take care of Nirmala and on 26th July, 2010 at about 11.30 p.m., Sarita informed 4 cri.appln4820-2010 him on telephone that Nirmala had immolated herself. 3 After the investigation, the police have filed the charge sheet against all the four accused persons. While other three accused are already granted bail, the present applicant is still in custody. It appears that except the statement of the father of the deceased Nirmala, there is no other material about the demand of Rs.5 lakhs or that deceased was being ill-treated with cruelty on account of that demand. The statement of Sarita reveals that there used to be some disputes and quarrels between the accused and his wife Nirmala as she did not like the idea of holding the naming ceremony of their son in the village, particularly, because in the village on an earlier occasion, Shankar, a brother of the present applicant had assaulted her. It appears that because of the said reason, the relations between the two were strained. Sarita does not state anything about demand of Rs.5 lakhs and quarrel on that count. 5 cri.appln4820-2010 4 In view of the above circumstances, I find that this is a fit case to grant bail to the applicant. 5 Therefore, the applicant be released on bail on execution of P.R. Bond of Rs.25,000/- with one or two sureties in the like amount with condition that he shall not misuse the bail and shall not tamper with the prosecution evidence. 6 Application stands disposed of, accordingly. (J.H. BHATIA, J.)