IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 422 OF 2009 CRIMINAL APPLICATION NO. 422 OF 2009 CRIMINAL APPLICATION NO. 422 OF 2009 Parthasarathi Balkrishnan Naidu ...Applicant vs. The State of Maharashtra ...Respondent Ms.Deepa Kamath for the Applicant. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 4, 2009 DATED : FEBRUARY 4, 2009 DATED : FEBRUARY 4, 2009 P.C. :- P.C. :- P.C. :- 1. This is an application for anticipatory bail filed by the applicant. 2. The applicant had filed an application for anticipatory bail in the Sessions Court and in the said application, he had applied for interim anticipatory bail. The said application was rejected by the Sessions Court and therefore, the present application has been filed. 3. The deceased who was the wife of the applicant herein had committed suicide by hanging herself in the house. The applicant received a phone call from Chitra - 2 - Naidu who was their neighbour who said that the deceased was not opening the door for more than half an hour. The applicant, therefore, rushed home and opened the door. They found that deceased Rammiah had committed suicide by hanging herself. Investigation is going on. The applicant has annexed the affidavit of the watchman and one neighbour Tukaram N. Bhilare who had stated that the deceased used to quarrel with the applicant and used to leave the house and leave child with the watchman or neighbour and used to go back after 3-4 hours. There is no material on record at this stage that the applicant had demanded dowry or had in any manner, harassed her or had treated her with physical and mental cruelty. One child was born out of the said marriage who is 10 months old and it is necessary that the applicant should be released on bail since there is no one to look after the said child. 4. Counsel for the applicant submits that on the contrary, the deceased used to demand an amount of Rs.50,000/- from the applicant for the purpose of sending it to her father who was staying in Chennai and - 3 - for the purpose of repairing her father’s house. 5. In view of these peculiar facts and circumstances of the case, in my view, the applicant has made out a prima facie case for grant of interim anticipatory bail. The applicant, therefore, in the event of his arrest in connection with an offence punishable under Section 498-A read with 304B of the IPC which is registered at Bhosari Police Station, Pune, vide C.R.No.526/2008, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the police as and when called. 6. It is clarified that the Sessions Court shall not be influenced by any observation made by this court while granting interim anticipatory bail to the applicant and the Sessions Court shall decide the main application on merits and in accordance with law and on the basis of the material which is produced by the prosecution at the time of hearing of the anticipatory bail. - 4 - 7. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)