abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 41 OF 2008 Sangappa Basawant Bagale & Ors. .. Applicants V/s The State of Maharashtra .. Respondent Mr.Jaydeep D. Mane for the applicants. Mrs.M.M. Deshmukh, A.P.P. for the State. CORAM : D.G. KARNIK, J. DATE : 28TH JANUARY 2008 P.C. P.C. P.C. : 1. Heard the learned counsel for the applicants and the learned A.P.P. for the State. 2. The applicant is arrested on 20th December 2007 in connection with the offence registered at Mandrup Police Station, Solapur under C.R. No.109/2007 punishable under sections 306, 323, 504 read with 34 of the Indian Penal Code. 3. The prosecution case in short is that Narsappa Kannure (hereinafter referred to as "the deceased") was allegedly having illicit relationship with Vithabai - 2 - Baswant Bagale. Sangappa, the son of Vithabai, and two children of Sangappa were opposed to the said relationship. On 20th December 2007 at about 9.00 p,m., the deceased went to the house of Vithabai where he was beaten up by Sangappa, the applicant no.1 and his two children. On account of the beating which the deceased suffered at the hands of the applicants, the deceased is alleged to have committed suicide in the same night by hanging himself to a neem tree. It is alleged that the suicide was committed by him on account of the insult suffered by him on account of beating and, therefore, the applicants are charged with an offence under section 306 of the I.P.C. 4. The allegation against them appears to be that the applicants assaulted the deceased on account of the deceased attempting to enter their house for maintaining the illicit relationship with the mother of the applicant no.1. Prima facie, no offence under section 306 appears to have been made out. There is no direct evidence that the applicants abetted the suicide of the deceased except the bare allegation in the complaint that the deceased committed suicide on account of beatings given to him. 5. The applicants have permanent place of residence at the address mentioned in the title of the - 3 - application. There is no allegation that the applicants, if released on bail, are likely to jump bail and/or otherwise tamper with the prosecution evidence. In the circumstances, the applicants are entitled to bail. Hence, I pass the following order:- ORDER ORDER ORDER Each of the applicants be released on bail on executing personal bond of Rs.15,000/- each with one surety in the like amount subject to the following conditions:- (a) The applicant shall cooperate with the investigation and attend the concerned police station once a month between 1st and 5th of every British calendar month. (b) The applicant shall not tamper with the prosecution evidence and shall not change their residential address without intimating the police at least one week in advance. (c) The Sessions Court may grant exemption from attending the police station either generally or specifically for a particular day, if a case for the same is made out. - 4 - (D.G. KARNIK, J.)