ABA-440-11.sxw 1 Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.440 OF 2011 Gahubai Kama Zhite ... Applicant V/s. State of Maharashtra, Thru’ Manchar Police Station ... Respondent Mr. P.G. Sarda for the Applicant. Mrs. A.A. Mane, APP, for the Respondent. CORAM:- A.M. THIPSAY, J. DATED :- 24 TH JUNE, 2011. P.C. : 1. Heard. 2. I have gone through the entire papers of investigation. 3. One Alka, the daughter-in-law of the Applicant, died an unnatural death by drowning on 1st March, 2011. Her brother - Balaji, the First Informant, suspected that husband of the said Alka and the relatives of her husband, which includes the Applicant, had killed her and then thrown the dead body in a pond containing water. In the course of investigation, however, it was revealed that Alka was very much alive before she had fallen or jumped in the said pond. The Investigating Agency has, therefore, given up the accusation of an offence punishable under Section 302 of the IPC and, instead, a case in respect of the offences punishable under Section 498A of the IPC and 306 of the IPC is now registered and is being ABA-440-11.sxw 2 Dixit investigated into. Supplementary statements of the First Informant and others, that have been recorded, show that the First Informant himself has subsequently given up the accusation of murder. 4. No suicide note was left by the said Alka. At least a doubt arises as to whether the death of Alka was suicidal or accidental. 5. The co-accused have been released on bail. Another accused, wife of the brother of Alka's husband, has been granted anticipatory bail by the Court of Sessions. The Applicant was not granted bail by the same Court observing that her custodial interrogation was necessary. The distinction between the case of Smt. Manisha, wife of the brother of the husband of Alka, and the case of the present Applicant, as perceived by the learned Additional Sessions Judge, does not appear to be real to me. There is not much distinction between the case of the said Manisha and the present Applicant, in my opinion. 6. In my opinion, this is a fit case where the Applicant deserves to be granted anticipatory bail. 7. In the event of her arrest in C.R. No.36 of 2011 registered at Manchar Police Station, the Applicant be released on bail in the sum of Rs.15,000/-, with one surety in like amount, on the condition to report to the concerned Police Station at 11:00 a.m. on Monday, the 27th June, 2011, and make herself available for investigation/interrogation and, even thereafter, as and when required by the Investigating Officer. [A.M. THIPSAY, J.]