- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NOS.2932/2010 & 2802/2010 CRIMINAL APPLICATION NO.2932/2010 Mahadeo Narayan Bharati, age 60 yrs., occu.retd. r/o Karjat Tq.Karjat Dist.Ahmednagar. ...Applicant.. Versus The State of Maharashtra, through Incharge Officer, Police Station, Karjat Tq.Karjat Dist.Ahmednagar. ..Respondent.. Shri P.R. Katneshwarkar, Advocate for applicant. Shri S.G. Nandedkar, APP for respondent. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CRIMINAL APPLICATION NO.2802/2010 1] Sujit Mahadeo Bharati, age 32 yrs., occu.agri., - 2 - 2] Ajit Mahadeo Bharati, age 28 yrs., occu.pvt.service, 3] Sow.Rohini w/o Sujit Bharati, age 25 yrs., occu.household, All r/o Karjat Tq.Karjat Dist.Ahmednagar. 4] Sushila Sampat Giri (Gosavi), age 48 yrs., occu.household, r/o Tej-Pratik Apartment, Panchwati, Nashik. ..Applicants.. Versus The State of Maharashtra, through Incharge Officer, Police Station, Karjat Tq.Karjat Dist.Ahmednagar. Shri P.R. Katneshwarkar, Advocate for applicants. Shri S.G. Nandedkar, APP for respondent. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=--=-=-=-=-=-=- CORAM: A.V. POTDAR, J. DATE: 28.07.2010 PER COURT: 1] Heard counsel for the parties. 2] By these applications, the applicants have approached this Court for their release on anticipatory bail in the event of their arrest in connection with Crime No. - 3 - 108/2010 registered in Karjat Police Station of District Ahmednagar. 3] In the Criminal Application No.2802/2010, interim protection was granted to the applicants vide order dated 21.7.2010. 4] The applicant in Criminal Application No.2932/2010 is the husband of Hira while the applicant nos.1 & 2 in Criminal Application No.2802/2010 are the step sons of deceased Hira. Applicant no.3 is the step daughter-in-law of deceased Hira while applicant no.4 is the sister of first wife of the applicant in Criminal Application No.2932/2010. Perusal of the complaint and papers of investigation demonstrate that the applicant in Criminal Application No.2932/2010 married with Hira about 15 years back as the applicant – husband had lost his wife. It is not under dispute that on perusal of the complaint as well as the entire statements of witnesses, nowhere there is any whisper that there was any harassment to deceased Hira on the ground of any illegal demand or any demand from her or from her parents. The complainant is the brother of deceased Hira. The incident in question took place in the afternoon of 4.7.2010. Considering the statements of witnesses, this Court is of the view that an offence u/s 498-A of IPC is prima facie not made out. To infer the offence at the hands of applicant u/s 306 of IPC, there must be existence of instigation / abetment as defined or the ingredients of Section 147 of IPC must be present. 5] Prosecution wants to rely on the statement of one Anusuyabai – the niece of - 4 - the deceased, on whose mobile phone on the day of the incident, two calls were received, allegedly from deceased Hira; one call was at 8-45 a.m., while another call was at around 11-30 a.m. or so. It is stated that the said Anusuyabai stated that the torture at the hands of the applicants was unbearable and she was thinking to commit suicide. Death of the deceased is suicidal, is not under dispute. On perusal of the statement of Anusuyabai, the statement is silent about the specific role / act attributed at the hands of either of the applicants. It is required to be considered that the applicant no.4 in Criminal Application No.2802/2010 claims to be the sister of first wife of the applicant in Criminal Application No.2932/2010. First wife of that applicant expired about 15 years back. Applicant no.4 in that criminal application is resident of Nashik. In the premises, if these acts are considered, whether the same amount to instigation forcing the deceased to commit the suicide and it is to be noted in the light of contents in the FIR that the relatives of the deceased were invited for the marriage ceremony of the applicant no.2 in Criminal Application No.2802/2010, which was performed on 30.6.2010 and the incident took place within four days thereafter. Whether the relations were cordial or not, that can be inferred from this incident. Considering these aspects and the papers of investigation, the same warrant that the discretion is to be used in favour of these applicants. Hence, the following order. 6] Interim protection granted to the applicants in Criminal Application No. 2802/2010 is extended till filing of the charge-sheet. Applicant in Criminal Application No.2932/2010 be released on bail in the - 5 - event of his arrest in connection with Crime No.108/2010 registered in Karjat Police Station of District Ahmednagar on furnishing surety in the sum of Rs. 15,000/- and on executing P.R. Bond in the like amount. In case the applicants in both the criminal applications avail the bail in case of their arrest, after release they are required to give attendance in Karjat Police Station once in a week on every Monday in between 11 a.m. to 2 p.m. till filing of charge-sheet and to cooperate with the investigating agency. Both the criminal applications stand disposed of accordingly. (A.V. Potdar, J.) ndk/cr2871020