MP 1 BA1588_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1588 OF 2011 Kumar Perumal Mudliyar ... Applicant Versus State of Maharashtra ... Respondent Mr. Raju Yamgar i/b. Mr. Waseen I. Shaikh, Advocate for the Applicant. Mr.Y.S. Shinde, APP for the Respondent State. CORAM : J. H. BHATIA, J. DATE : 23RD NOVEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.132 of 2009 registered with Vitthalwadi Police Station, Thane for the offence punishable under Section 306 of the Indian Penal Code. He was arrested on 16.09.2009. Investigation was completed and the charge-sheet was filed. Thereafter, the case was committed to the Sessions Court and the Sessions Case No.21 of 2010 is pending. The learned Counsel for the applicant states that even the charges are not yet framed. 2. Prosecution case, in brief, appears to be that the deceased Sunita was married to one Maruti Nagojirao Manvar, and from the marriage, she also had a son namely Tushar. When she was living with her husband, she developed extra-marital relations with the present applicant, who was residing in the neighbourhood. Thereafter, she left her husband's house along with her son and went to live with the present applicant. After having lived at the house of the applicant for about one month, she committed suicide by hanging herself. It appears that she also committed murder of her minor son by hanging him. According to prosecution, the applicant was addicted to liquor and not doing any work. He also used to abuse Sunita. Being frustrated, she committed suicide. Except these allegations, there is nothing to show that the present MP 2 BA1588_11 applicant had instigated her to commit suicide. In view of the facts and circumstances of the case, presumption under Section 113-A of the Evidence Act cannot be applied. Therefore, I do not see any valid reason to refuse bail to the applicant. 3. Therefore, the applicant be released on his executing P.R. of Rs.10,000/- with one surety in like amount with condition that he shall not tamper with the prosecution evidence. (J. H. BHATIA, J)