1 Cri-A-5636-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 5636 OF 2010 Mr.Sachin Ramchandra Teke .. Applicant (Orig.accused No.1) Vs. State of Maharahtra .. Respondent Mr. A.P.Mundargi, i/b. Shri Jayant Bardeskar,Advocates, for the applicant. Mrs. G.P.Mulekar, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 24th February, 2011. P.C. 1. The applicant seeks to be released on bail in Crime No.102/2010 registered at Malshiras Police Station, District Solapur, for the offence punishable under Sections 302, 304B, 498A read with Sec. 34 of IPC. 2. Prosecution case, in brief, is that Megha @ Ishwari daughter of the first informant Netaji was married to the applicant Sachin on 28.7.2010. At the time of marriage, dowry of Rs.75,000/- cash and gold ornaments of 5 tolas were given as per the custom in the community. After the marriage, Megha went to her husband's house. Her father-in-law, mother-in-law and brother-in-law were also 2 Cri-A-5636-10.sxw living jointly with her husband. After the marriage, her parents used to speak to her on phone. She used to complain that her husband, father-in-law, mother-in- law and brother-in-law used to abuse and harass her by saying that they had not given proper treatment (Manpan) to the marriage party and they had also not given one tola gold ring to the applicant. She requested her father to give one ring to her husband so that this problem could be solved. However, her father expressed difficulty because due to the expenses in marriage, he did not have sufficient funds. Thereafter, she along with her husband paid visit to her parents' place for Nagpanchmi festival. At that time also she repeated same story. On 19.8.2010, she was taken back by her brother-in-law Sunil. He was assured that as soon as the first informant would have funds, he would give a ring. Thereafter, once on telephone and again in presence of her brother, the same demand was repeated. In presence of her brother, her mother-in-law had abused on account of demand of ring. On 6.9.2010, at about 8 a.m. her brother left for Osmanabad. He was still on the way when her father got telephonic message that Megha had died. During investigation, it was revealed that Megha had died at about 9 or 10 a.m. when the dead body was found hanging with the help of dupatta and dead body was brought down by cutting the said dupatta. Police registered offence under Sections 302, 304B, 498A read with Sec. 34 of IPC and not under Section 34 of IPC. 3 Cri-A-5636-10.sxw 3. The learned Senior Counsel for the applicant pointed out two documents from S.P. Institute of Neurosciences of Solapur dated 17.1.2005 and 17.2.2005 showing that the deceased had two years history of a peculiar feeling over the occipital region and bitemporal regions occurring occasionally lasting 6 - 7 hours generally brought on by loud noise and stress. Her sleep was disturbed and therefore she was given anti depression medicines and tablets. The learned Counsel clearly stated that these documents were not seized by the Investigating Officer during investigation, but they were found by the family members in her luggage later on. Therefore, at this stage, much importance cannot be given to these documents. However, the Investigating Officer can certainly investigate from this line also. 4. Prima facie, it appears that within a short span of 1-1/2 month after marriage, Megha committed suicide by hanging and, according to prosecution, the only reason was that she was being mentally harassed and abused by her husband and other in-laws on account of demand of gold ring for the husband. Therefore, prima facie case under Section 304B and 306 is made out against the applicant. It will not be in the interest of justice to grant bail to the applicant. 4 Cri-A-5636-10.sxw 5. Therefore, the application stands rejected. However, the trial Court shall expedite the trial and dispose of the same as early as possible, preferably by the end of August, 2011. The Investigating Officer shall also further investigate on the basis of the documents from S.P. Institute of Neurosciences dated 17.1.2005 and 17.2.2005 pertaining deceased Meghna and shall submit report to the trial Court within two months. (J.H.BHATIA,J.)