- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 680 OF 2008 Anil S. Burkul Applicant vs. The state of maharashtra Respondents Mr.S.G. Shinde, Advocate for the applicant Mr.S.S. Pednekar, APP for the respondent. CORAM : D. G. KARNIK, J. DATE : MARCH 11, 2008. PC . By this application, the applicant seeks pre-arrest of bail in connection with C.R. No.I/74/ 2008 registered with nashik Road police station, Nashik for alleged offence punishable under section 498-A, 304-B, 306 read with section 34 of I.P.C. 2. The prosecution case in brief is that Anita, the daughter of the complainant, was married to the aplicant in the year 1994. Two children are born out of the wedlock and they ages are 11 and 7 years old. On 11th February 2008 Anita was burned in alleged explosion of the cooking gas. According to the complainant, she was not - 2 - burnt in an accidental explosion of gas but Anita had committed suicide on account of harassment by the applicant. The father of the Anita i.e. complainant has stated that the applicant was asking Anita to bring a sum of Rs. 50,000/- from her parents and the applicant was harasssing her for the money. 3. The marriage of the applicant with Anita took place in the year 1994 i.e. more than 13 years ago. During the said period of 13 years not a single complaint was lodged with the police by the complainant or by Anita about the alleged harassment. At the time of incident, the applicant was not present in the house but was on duty. Her dying declaration was recorded in the hospital and n her dying declaration Anita has stated that she was burnt due to accidental explosion of the cooking gas. She was not burnt by anybody. Anita’s sister was married to the brother of the applicant, couple of years ago. The learned counsel for the applicant submitted that the allegaton in the complaint that applicant was harassing Anita for several years is obviously false because if that were so, the complainant would not have given his another daughter in marriage to the brother of the applicant. The submission deserves acceptance prima-facie. 4. Taking into consideration the fact that the - 3 - marriage had taken place more than 13 years ago and also taking into consideration the fact that during the period of 13 years, no complaint for harassment was ever made, and the also the fact that complinant would have not given is another daughter in marriage to the brother of the applicant just about 2 years ago, if the applicant was harassing his deceased daughter Anita, in my view, applicant is entitled for pre-arrest bail. It may also be noted that the applicant is in government servant and there is no likelihood of his jumping the bail in the event he is granted bail. Hence, I pass the following order. _O_R_D_E_R_ (i) In the event of arrest of applicant in connection with the crime No.I 74/2008 registered registered with Nashik Road Police Station, he be released on furnishing personal bond of Rs.20,000/- with two sureties in the like amount, subject to the following conditions. (ii) The applicant shall report to the concerned police station once a month, between 1st and 5th day of the British Calender Month, till the filing of the charge sheet. - 4 - (iii) The applicant shall not make any inducements or threats to the prosecution witnesses. He shall not directly or indirectly tamper with the prosecution evidence. (iv) This order shall come to an end till filing of the charge-sheet. Thereafter the applicant may, if he so desires, apply to regular Court for bail. The Court shall consider such application on its own merits without being in any way influenced by any of the observations made hereinabove. [D.G. KARNIK, J.]