1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2359 OF 2010 Shri Vinayak Hari Dhabade )..Applicant Vs. The State of Maharashtra )..Respondent ---- Mr. N. B. Shah i/by Mr. Satyajeet M. Mirajkar for the applicant. Smt. A. A. Mane APP for the State. ---- Coram : R.S.MOHITE,J Date : 7th May, 2010 PC 1 This is an application for grant of anticipatory bail. The applicant who is a serving Police Constable is shown as an accused in C.R.No.I-78 of 2010 registered by the Virar Police station for alleged offences under Sections 306, 323 & 506 of IPC. The deceased in this case is the wife of the applicant by name Swati. Swati committed suicide by hanging in the morning of 12.4.2010. The crime has been registered on the complaint made by the mother of Swati. In her complaint, she has stated that 2 to 3 days prior to the incident, she had called up Swati on her mobile phone and asked her about her welfare. Swati has informed her that she has been threatened by her husband because he was suspecting her character. She stated that her husband has started consuming liquor and was beating her on account of his suspicion about her character. That he was insulting her and telling her that he was roaming outside and keeping connections with outside persons and that it was better if she died. It is contended that the applicant is a person having 3 minor children. That if he arrested he is likely to be suspended. As against this, in cases of such a nature, it 2 is necessary for the police to investigate as to what actually happened in the house of the deceased in a period which proximate to the incident of suicide. These facts cannot be known by the relatives of the deceased who has committed suicide because they are not present in the said house. The grant of anticipatory bail prevents such investigation from taking place. In the circumstances, in my view, this is not a fit case for grant of anticipatory bail. However, taking into account that the applicant was a Police Constable and has 3 minor children, in order to enable him to make arrangements, it is directed that he may not be arrested till 14.5.2010. Parties to act on a copy of this order duly authenticated by the registry of this Court. (R.S.MOHITE,J) 3