1` IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 2338/2009 Dattatray Vishwanath Nagalkar vs. The State of Maharashtra, through its Police Station Officer, Bhadrawati. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. Mr. Anil Mardikar, Advocate for the applicant. Mr. Mujumdar, A.P.P. for the non-applicant. CORAM : Prasanna B. Varale,J DATE : 13.07.2009 Heard Mr. Anil Mardikar, learned advocate for applicant and Mr. Mujumdar, learned A.P.P. for State. By the present application, applicant Dattatray Nagalkar seeks his enlargement on bail in Crime No. 149/2009 registered at Police Station, Bhadrawati for the offences punishable under Sections 302, 498 A read with Section 34 of the Indian Penal Code. The learned advocate for the applicant submits that the applicant is father-in-law of deceased Smt. Kanhopatra Ramkrishna Nagalkar. The report came to be lodged at Police Station, Bhadrawati by mother of Kanhopatra viz. Smt. Minabai. In the report it is submitted that in the year 2004 her daughter Kanhopatra married to Ramkrishna Nagalkar. Ramkrishna was addicted to liquor and under the influence of liquor he was ill-treating Kanhopatra.. He was ill-treating Kanhopatra by asking her share in the 2` land of her mother Minabai. It was stated in the report that father-in-law viz. Dattatray, mother-in-law Shobhabai, brother-in-law Rajesh and sister-in-laws Sharda and Surekha were also ill-treating Kanhopatra. An attempt was made to settle the matter. Ramkrishna thereafter took Kanhopatra along with him and treated her nicely for a couple of months. Thereafter, again he left Kanhopatra at her parental house along with her daughter. 15 days prior to the incident Ramkrishna again came to the parental house of Kanhopatra and took Kanhopatra along with his children. On the day of incident i.e. on 21.5.2009 the applicant informed about the death of Kanhopatra to Pralhad Paighan i.e. nehpew of Minabai. F.I.R. is at Annexure I to the petition. Learned Advocate for the applicant submits that in the F.I.R. lodged by the mother of Manhopatra there are allegations of ill-treatment against the applicant and the other matrimonial relations. He further submits that there is nothing on record to connect the applicant with the death of Kanhopatra. The allegations at the most are in the nature of ill-treatment at the hands of the applicant and other matrimonial relations viz. mother-in-law, brother-in-law and sister-in-law. He further submitted that deceased Kanhopatra was residing with his son Ramkrishna separately and the couple was not residing with the applicant. The death of Kanhopatra took place at the residence of Ramkrishna i.e. his son. 3` The learned A.P.P. submitted that investigation revealed that Kanhopatra was subjected to ill-treatment. He further submitted that the applicant is a person who had seen dead body first in point of time and there are allegations of ill-treatment at the hands of the applicant. The cause of death as per post mortem report is mechanical asphyxia. Perusal of record shows that deceased kanhopatra was residing with her husband Ramkrishna separately. There are statements recorded by the investigating agency in which witnesses have stated about the ill-treatment at the hands of the applicant to deceased Kanhopatra, In my opinion, the fact that the applicant was seen along with the dead body first in point of time is no ground to reject the application. Prima facie, there is no sufficient material presented before this court by investigating agency to connect the applicant for the offence punishable under Section 302 read with section 34 of the Indian Penal Code. In the result, the application is allowed on the following conditions. i) . The applicant be released on bail on his executing the bail bonds in the sum of Rs. 10,000/- with one surety in the like amount. ii) The applicant shall cooperate with the investigating agency and will not in any way tamper 4` with the evidence; iii) The applicant will attend Bhadrawati Police Station on every second and fourth Sunday from 9 to 11 a.m.. JUDGE patle