1 IN THE HIGH COURT OF JUD ICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 189 /2010 [ Pramod Gopinath Rewatkar vs. State of Maharashtra ) ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. M B Naidu, Adv. for applicant Mr C N Adgaokar APP for Respondent .......... CORAM : A.P.BHANGALE, J. DATED : FEBRUARY 18, 2010. Heard. 2 The applicant is apprehending his arrest in respect of Crime No. 5/2010 registered at Kharangana Police Station, Wardha for offence punishable under section 306 IPC. According to learned Advocate for the applicant, the applicant is ready and willing to cooperate with the investigation and that the alleged victim was at the Hotel of applicant on 13.2.2009; While she was going on the road, she fell down in front of the hotel and was taken to Ajani Hospital where she expired because of consumption of some poisonous substance. Thereafter mother of said victim Sarita lodged complaint and the applicant is sought to be arrested. 3 Learned Advocate also submitted that the incident had happened long back and, therefore, anticipatory bail may be granted. Furthermore, the applicant has attended the Investigating officer for the purpose of interrogation. 2 4 Learned APP, on the other hand, submitted that the accusations against the applicant are serious. It is alleged that he was love with deceased Sarita since last 6 or 7 years. He had clandestinely married with the victim and also had a son and a daughter from Sarita. The victim belongs to “Gond” Scheduled Tribe. It is submitted that while applicant had kept relations with the victim Sarita and also had children from her, he had proceeded to solemnize another marriage within his caste with one Harsha Khode R/o Lahan-Arvi Tq Hinghanghat, on 20.12.2008. Under these circumstances, it is contended that probably the deceased decided to end her life after the applicant had by his conduct abeted her suicide. Further according to learned APP earlier the applicant had moved the Ad-hoc Addl. Sessions Judge Wardha who had by reasoned order dated 28.1.2010 rejected anticipatory bail, made by this applicant. 5. Considering such serious accusations, in my opinion, in the larger interest of the society, the Investigating agency must have full opportunity to investigate into the accusation, if necessary, by custodial interrogation of the applicant. The order u/s 438 Cr.P.C cannot be used as shield against the crime. Since the offence alleged is serious I am not inclined to grant anticipatory bail. However it is open for the applicant to surrender before the remand court concerned and thereafter apply for bail on merits, before the regular Court, which shall consider the same on it's own merit and 3 in accordance with law. Application is rejected. JUDGE sahare