1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Criminal Application (ABA) No. 373 of 2011 (Vishal Madhukarrao Jadhav Vs. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. M.P. Kariya, Advocate for the applicant. Mr. S.S. Doifode, A.P.P. for the State/non-applicant. CORAM : M.N. GILANI J. DATE : 18 th NOVEMBER, 2011 Heard both the sides. This is an application under Section 438 of the Code of Criminal Procedure for seeking directions to release the applicant-accused on bail in the event of his arrest in Crime No. 57/2011, registered with Police Station Dongaon, District Buldhana for the offence punishable under Sections 306, 498-A, 304-B read with Section 34 of the Indian Penal Code. In the year 2004, the applicant married Chaya- deceased and from this wedlock they have a son aged about four years. The deceased was posted as Nurse in the Primary Health Centre, Dongaon of Zillha Parishad. The applicant is a police constable. It is the prosecution case that when the applicant 2 and the deceased were present in their house, at about 8:00 p.m. to 8:30 p.m. on 07/09/2011, she consumed sleeping pills. She was rushed to Primary Health Centre, Dongaon, and from there to Civil Hospital, Buldhana, but in vain. She died in the same night. Autopsy was conducted over the dead body of the deceased, which reveals that multiple superficial abrasions on left leg and scratches on left forearm were noticed. Both the injuries were in brownish colour and superficial. As to the cause of death, it was opined that it was due to cardio respiratory arrest due to effect of unknown poison. Viscera was preserved. F.I.R. was lodged by the father of the deceased on next day i.e. 08/09/2011 and on that basis offence came to be registered. It is alleged that deceased was subjected to cruelty. The applicant was maintaining illicit relations with his colleague female constable. There are witnesses to disclose about constant ill- treatment meted out to the deceased by the applicant. The statement of Dr. Sanjay Chauhan, attached to the Primary Health Centre, Dongaon, reveals that about one month prior to the incident, the applicant had brought the deceased to the Primary Health Centre while beating. He further disclosed that in presence of all the staff members, the applicant had beaten and abused the deceased. Not only that when he tried 3 to reason with him, he was also abused. The other staff members namely Ramchandra Kulkarni, Punjab Sirsat, Prakash Kavrakhe and Lilawati More, attached to the Primary Health Centre, Dongaon, made similar disclosures. Apart from the evidence of beating, the injuries were also seen on the dead body of the deceased in the postmortem note. The learned counsel for the applicant contended that on 05/05/2010, the deceased was required to make report against her father. Her father had a grudge against her and the applicant as their marriage was intercaste. It is pertinent to note that the couple had married in the year 2004 and the alleged complaint is dated 05/05/2010, that means much prior to the incident. The facts that the applicant is a police constable and will cooperate with the investigation and will not abscond, are the usual submissions. The fact remains that the deceased, who was having four years son and was serving as a nurse, was required to consume sleeping pills is relevant at this stage. This happened when the applicant was present. There is good deal of evidence to show that the deceased was subjected to extreme cruelty. Considering the gravity and nature of the offence, the case of the prosecution, that custodial interrogation of the applicant is necessary, will have to be accepted. In the result, 4 I find no merit in the bail application. Application is rejected. JUDGE *sdw