1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.892 OF 2010 Darshan Shashikant Dave )..Applicant Vs. The State of Maharashtra )..Respondent ---- Ms. Mallika A. Ingale for the applicant. Mrs. M. H. Mhatre APP for the State. Mr.Robert D’mello for the original complainant. ---- Coram : R.S.MOHITE,J Date : 25th March, 2010 PC 1 This is an application for grant of anticipatory bail. The applicant is shown as an accused in C.R.No.33 of 2010 registered by Bangur Nagar Police station, Goregaon for alleged offences under Sections 498-A, 323, 504 and 406 read with 34 of IPC. I have perused the FIR and the other documents which are annexed to the application. This is a dispute between husband and wife. The husband has filed a divorce petition. The FIR has been lodged immediately after the divorce petition has been filed. The FIR indicates that there is marital discord. It appears from the FIR that both the parties were working together in Sahara. They met and decided to get married. The parents agreed and there was an arranged marriage. The wife-complainant contends that a month prior to her marriage, she lost her job in a lay-off by the company. Her mother-in-law was insisting that she should get a job. There is an allegation of demand of Rs.50 lakhs for the purpose of purchase of 2 flat since the husband and wife were living in leave and license premises. The parents of the husband are staying in Jaipur. One of the contentions raised in the FIR is that the husband left the premises and went away to stay with his parents by taking away gold ornaments, valuable and other articles. It appears that the value of the articles alleged to have been taken away is Rs.4,51,000/-. The record further indicates that this Court while passing an order dated 10.3.2010 recorded that the applicant was willing to deposit Rs. 4,51,000/- being the value of the alleged articles given by the complainant at or after the marriage. The amount has been deposited. Taking an overall view of the matter, in my view, the investigation can proceed without the custodial interrogation of the applicant. In the circumstances, the application is allowed. In the event of his arrest, the applicant to be released on bail in the sum of Rs.15,000/- with one surety in the like amount subject to the condition that he will report to the concerned Investigating officer, Bangur Nagar Police station, Goregaon on 29th, 30th and 31st March 2010 between 11.00 A.M & 3.00 P.M and subject to the further condition that he will report to the Investigating officer thereafter as and when called upon to do so in writing. The amount of Rs.4,51,000/- to be paid to the Investigating officer and the same will be kept with him as muddemal of the case. Liberty to the parties to apply for withdrawal of the said amount. The application for withdrawal if filed, will be decided on its own merits. Trial Court may direct investment of the amount if it so thinks fit. (R.S.MOHITE,J) 3 4