{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.739 OF 2010 Mansingh Narba Kalyankar & Another APPLICANTS VERSUS The State of Maharashtra & Another RESPONDENTS ....... Mr. A.N.Nagargoje h/f Mr.N.S.Kadam, Advocate for applicants Mr. N.B.Patil, APP for respondents State ....... [CORAM : A.V.POTDAR, J.] DATE: 25th February 2010 PER COURT: 1. This is an application, by which the applicants have prayed to release them on anticipatory bail in the event of their arrest in connection with CR No.178/2009 registered with Kandhar police station for an offence punishable u/s 306, 504, 506 r/w 34 of the IPC. 2. Heard learned counsel for the applicants and learned APP. Perused the papers of investigation carried out till today. 3. It is disclosed in the complaint, which is lodged on {2} 26.12.2009, that deceased Suryakant, son of the complainant, consumed poison and expired in the hospital while under medical treatment, on 28.12.2009. PM notes show that the poison was detected in the body and probable cause of death is due to consumption of poison. This clearly establishes that the death is unnatural suicidal death. Perusal of the complaint shows that the alleged incident occurred in the afternoon of 25.12.2009. It is alleged that the son of the complainant had obtained loan of Rs. 20,000/- from applicant No.2, which according to complainant was already repaid. It is further alleged that the applicants along with others approached the deceased and demanded Rs.20,000/- and the deceased had told that the same has already been repaid and hence there is no question to repay the same. Thereafter, the applicants forcibly removed two bullocks belonging to the deceased. Due to the said humiliation, it is alleged, which the deceased could not bare and hence consumed poison and disclosed the same to four persons, whose statements are also recorded during the investigation. 4. During the course of submission it is urged that even the facts stated in the complaint are accepted as it is the same do not amount to instigation or abatement to commit suicide. What is instigation, can be gathered from the perusal of the statement that though the loan was already repaid by the deceased yet the applicants forcibly removed the bullocks for recovery of the said loan. The said action of the applicants amount to humiliation and {3} instigation. It depends on the mental condition of an individual whether one may take the same lightly or other may take it seriously. The second aspect of the incident is that the incident occurred within 24 hours of the earlier incident of humiliation. It is not necessary that the reaction must be instant but the same may take some time also in certain matters. The next aspect which is urged is that there is delay of 3 days in lodging of the complaint. This aspect can be taken care of at the time of the trial and not at this stage. While considering the case of anticipatory bail, the Court requires to consider what is prima facie evidence of involvement of the accused in the alleged offence. This is a case where the involvement of both the applicants is prima facie apparent, which has resulted into death of complainant. 5. In the result, no case to grant anticipatory bail and hence the application stands rejected. [A.V.POTDAR, J.] drp/A10/criapln739-10