1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5287 of 2009 Mrs.Shivananda Shivkumar Kale ... Applicant versus The State of Maharashtra ... Respondent ... Mr.Sanjeev Kadam for the applicant. Mr.J.P. Kharge APP for the State. CORAM : D.G. KARNIK, J. DATED : 16th February 2010 P.C. 1. Heard. 2. By this application, applicant who is a house wife seeks bail in connection with C.R. No.393 of 2009 registered at Bhosari Police Station, Pune for an alleged offence punishable u/s.302 and 363 of the IPC. 3. The prosecution case is that Akshata, a minor girl of four years was missing since the evening of 3rd August 2009. Her dead body was 2 found in the night in a nearby well. According to the prosecution, Akshata was killed by the present applicant. Motive is that applicant had not conceived any child though she was married for 7 – 8 years and therefore she, on somebody’s advise that she could conceive if she killed a minor. There is no evidence regarding the motive. There is no eye witness to the crime. Though there is an allegation of applicant being last seen together with the minor girl Akshata, perusal of the statement of Shalan N. Samant who is alleged to have seen them together is of a hear-say nature. 4. No doubt, there is an allegation of an extra-judicial confession made by the applicant to her husband but again husband of the applicant who is alleged to be a close friend of the father of the deceased Akshata did not disclose this fact to anybody for nearly 12 days. The explanation offered by him that the applicant threatened her to involve himself in the crime requires closer scrutiny. 5. Taking into consideration the fact that there is no direct evidence and the prosecution appears to be based on an alleged extra judicial confession and also taking into consideration the fact that applicant is a lady and proviso to section 437 of the Code of Criminal Procedure in 3 my view, applicant can be granted bail. Hence, I pass the following order:- O R D E R Applicant be released on bail on executing a P.R bond of Rs. 10,000/- with one surety of the like amount subject to a condition that applicant shall not tamper with the prosecution evidence and shall record her attendance with the concerned police station once a month in the first week of every British Calendar Month till the conclusion of the trial. It is clarified that all observations made in this order is only prima facie and Sessions Court shall not take them into consideration at the time of the trial. (D.G. KARNIK,J.)