1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1158 OF 2010 Kondaji Karimsab Bagwan and another ..Applicants V/s The State of Maharashtra ..Respondent ..... Mr.A.N. Nagargoje, Advocate for applicants Mr.K.S. Patil, APP for respondent. ..... (CORAM : SHRIHARI P. DAVARE,J.) DATE : 20th April, 2010. PER COURT : 1. Heard Mr.A.N. Nagargoje, learned counsel for applicants and Mr.K.S. Patil, learned A.P.P. for respondent assisted by Mr.P.S. Pawar, learned counsel for original complainant. 2. This is an application preferred by applicants seeking bail in connection with C.R. No.44/2010 registered with police station city, Osmanabad, Dist.Osmanabad for the offences punishable under Sections 307, 494, 498-A, 323, 504, 403 r/w 34 of the 2 Indian Penal Code, since applicants have been arrested on 23rd February, 2010 and they are under judicial custody presently. 3. It appears that offence has been registered on the complaint lodged by complainant namely Anisa Tabassum Kondaji @ Samir Bagban on 23rd February, 2010 alleging that applicant no.1 is the husband of complainant. On perusal of contents of the complaint, it is seen that there are allegations in respect of ill-treatment, harassment and physical and mental torture at the hands of applicants to complainant. Moreover, it appears that there are allegations about unlawful demand of money of Rs.50,000/- to be brought by her at her parental house. It is also alleged that although applicant no.1 is a doctor, the complainant caught him raid handed and found having illicit relations with lady patients. It is further alleged that applicant no.1 entered into another marriage with one lady namely Prity @ Parvin. Hence, complainant went to her parents house at Barshi along with children on 31.01.2010. However, applicant no.1 arrived there on 23rd February, 2010 and quarreled with her and 3 assaulted her and attempted to commit her murder by pressing her neck under pillow. 4. On the aforesaid background, learned counsel for applicants pointed out that earlier also complainant has filed the complaint against applicants for the offences punishable under Sections 498-A, 307, 313 of the Indian Penal Code, which resulted into acquittal of Sessions Case No.33/2006 on 16th March, 2007 and it is submitted that the complainant is in the habit of filing false complaints against applicants herein. Learned counsel for applicants further stated that he resides at Osmanabad and carries his medical practice at Osmanabad and whereas, the complainant resides at Barshi and therefore, the allegations made by the complainant in the present complaint that applicants went to complainant's house at Barshi and attempted to kill her, are false. It is further canvased that applicants are in custody almost period of two months and the investigation has almost been completed and there is no propriety in keeping applicants in custody furthermore. It is further urged by learned counsel for applicants that the father of complainant is 4 Deputy Superintendent of Police and therefore, he is taking undue advantage of his position and implicated present applicants in criminal cases falsely. 5. While opposing the present application, learned A.P.P. submitted that during the course of investigation, statement of witnesses have been recorded and the investigation has almost been completed but charge sheet yet to be filed. Learned A.P.P. further also canvased that the complainant sustained number of injuries and injury certificate dated 23rd February, 2010 discloses the said injuries but patient was discharged on the medical advice. It is further canvased that offence is of serious nature and therefore, present application be rejected. 6. On the perusal of investigation papers and considering the rival submissions advanced by learned counsel for the parties, it is material to note that earlier the complaint filed by the complainant under Sections 498-A, 307 and 313 of Indian Penal Code bearing Sessions Case No.33/2006 was resulted in acquittal by the judgment and order rendered by the 5 learned Adhoc Additional Sessions Judge, Osmanabad on 16.03.2007 as per Annexure `B' of the present application. 7. It is also important to note that apparently, the allegations made in the complaint and alleged injury as disclosed in injury certificate dated 23rd February, 2010 do not co-relate with each other. Moreover, it also appears from the injury certificate that, the complainant sustained abrasions and contusions and all the injuries are simple injuries. Moreover, besides that, the complainant's father is Deputy Superintendent of Police at Barshi, and therefore, the false implication of applicants in the present criminal case can not be ruled out. 8. Besides that, applicants are in custody for almost period of two months and the investigation has almost been completed and there is no propriety in keeping applicants in custody furthermore. 9. In the result, present application is allowed and it is directed that applicant nos.1 and 2 be released 6 on bail in connection with C.R. No.44/2010 registered with police station city, Osmanabad, Dist.Osmanabad for the offences punishable under Sections 307, 494, 498-A, 323, 504, 403 r/w 34 of the Indian Penal Code, on furnishing surety in the sum of Rs.15,000/- each and on executing the P.R. bond in the like amount by each of them, on the following conditions : (a) Applicant nos.1 and 2 shall not enter in the area of Barshi, where the complainant resides till the filling of charge sheet. (b) Applicant nos.1 and 2 shall attend the concerned Police Station as and when required on given written intimation till the filing of charge sheet and shall co-operate with the investigation. (c) Applicant nos.1 and 2 shall not tamper with prosecution evidence and/or shall not influence upon the prosecution witnesses directly or indirectly. (SHRIHARI P. DAVARE) JUDGE gas/cri1158.10