/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1164 OF 2008 IN CRIMINAL APPEAL NO.140 OF 2008 Aba Ramchandra Pawar & Anr. ...Applicants Vs. The State of Maharashtra ...Respondent --- Shri R.V. Bansode for Applicant Shri Rajesh More APP for State. ---- CORAM: V.M. KANADE J. DATED 14TH NOVEMBER, 2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicants and the learned APP for State. The Applicants are convicted for the offence punishable under section 498-A, 304-B, 504 and 506 r/w. 34 of the Indian Penal Code. 2. The Applicant -Accused No.2 is the maternal uncle of the husband of the deceased. The prosecution case is that the deceased and the Accused No.1 Dilip Pralhad Dhotre got married on 22.2.2004 and within 9 months after marriage she was found dead in a well, which was near the house of the deceased. Initially, a case of accidental death was recorded by the police. Therefore, parents of the girl filed a complaint under sections 304- B and 498-B of the Indian Penal Code and alleged that the present Applicant / 2 / No.1 and his wife and husband of the Respondent were assaulted the deceased. 3. It is an admitted position that the present Applicant No.1 and his wife used to stay in a separate house and the deceased and her husband were residing in a separate house. 4. The learned Counsel for the Applicants submitted that the death of the deceased could have been caused due to an accident. He further submitted that there is no evidence of any independent witness that the Applicant and his wife had assaulted the deceased. 5. Taking into consideration the fact that the Applicant No.1 is staying in a separate house and there is no eye-witness who has seen the Applicant or his wife assaulting the deceased, the Applicant is entitled to be released on bail. The Applicants be released on bail in a sum of Rs.5,000/- with one or two sureties in the like amount. The Applicants shall report to Phaltan Police Station once in a month. Application is disposed of. V.M. KANADE J.