IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1320 OF 2009 CRIMINAL APPLICATION NO. 1320 OF 2009 CRIMINAL APPLICATION NO. 1320 OF 2009 1. Shri Janardan Baburao Rajpure 2. Smt.Ranjana Baburao Rajpure, 3. Shri Pramod Baburao Rajpure ...Applicants (Orig.Accused Nos.1 to 3) vs. The State of Maharashtra ...Respondent Mr.S.V. Marwadi i/b. Ms.Sunita Sharma for the Applicants. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : MARCH 23, 2009 DATED : MARCH 23, 2009 DATED : MARCH 23, 2009 P.C. :- P.C. :- P.C. :- 1. This is an application for anticipatory bail. 2. An offence has been registered against the present applicants for the offences punishable under Section 304, 306, 498A read with 34 of the IPC at APMC Market Police Station vide C.R.No.I-15/2009, Navi Mumbai. Applicant no.1 and the deceased got married on 12th May, 2008. Thereafter, applicant no.1 left for Sharjah on 30th June, 2008 for the purpose of working with the company. The deceased was staying alongwith the applicants. On 20th January, 2009, the deceased - 2 - poured kerosene on herself and committed suicide. She had written a note in which he did not blame her mother-in-law, her brother-in-law and her husband who was in Sharjah at the time of the said incident took place. Even the applicant nos.2 and 3 were not present when she committed suicide in the house. The police took the deceased to the hospital and her statement was recorded in the presence of Sucheta Sudhakar Pawar, Special Executive Magistrate. In the said statement also, she did not blame either her husband or her mother-in-law or her brother-in-law. Thereafter, however, a complaint was filed by her mother in which various allegations had been made against the applicants herein of demand of dowry and harassment to the deceased. Ordinarily, when an allegation is made of instigation of abetment to commit suicide on account of demand of dowry, question of granting anticipatory bail does not arise. However, in the present case, the deceased had written a letter in her own handwriting in which she has, in fact, blamed herself and has specifically stated that she was frustrated with life, she had committed suicide. She also specifically stated - 3 - in the said letter that her mother-in-law, brother-in-law are not responsible in any manner. Apart from this letter, in the dying declaration also which is recorded by the Special Executive Magistrate, she has reiterated the said fact. A complaint, therefore, appears to have been filed by an after thought by her mother. Applicant no.1 admittedly was not in the house since 30th June, 2008. Applicant nos.2 and 3 are not blamed by the deceased. Under these circumstances, therefore, in my view, prima facie case is made out for grant of anticipatory bail. Since these allegations appear have been made by the mother of the deceased as an after thought falsely implicating them in the present case. 3. The applicants, therefore, in the event of their arrest be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount for the aforesaid offence. The applicants, however, shall co-operate with the police. 4. The trial court shall not be influenced by the - 4 - observations made by this court while granting anticipatory bail to the present applicants since these observations essentially are of prima facie nature. The applicants shall report to the concerned police station as and when called. 5. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)