( 1 ) cria4947.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4947 OF 2010 1. Gunderao s/o. Narayan Tondare .. Applicants Age. 23 years, Occ. Agri. & Business, R/o. Warwati, Tq. Ahmedpur, Dist. Latur. 2. Amol s/o. Narayan Tondare Age. 19 years, Occ. Education, R/o. Warwati, Tq. Ahmedpur, Dist. Latur. Versus The State of Maharashtra .. Respondent Mr. J.R. Shah, Advocate for the applicants. Mr. D.V. Tele, A.P.P. for respondent/State. CORAM : V.R. KINGAONKAR,J. DATED : 21.12.2010 P.C. :- 1. This is an application filed under Section 439 of the Cr.P.C. ( 2 ) cria4947.10 2. Heard learned advocate for the applicant and learned A.P.P. 3. Applicant No.1 is husband and applicant No.2 is brother-in-law of deceased Saraswati. The F.I.R. was lodged by uncle of deceased Saraswati. The F.I.R. purports to show that marriage of Saraswati was performed on 05.02.2010 with applicant No.1. Thereafter, she was residing with the applicants. It is alleged that the applicants and other members of the family were demanding amount of Rs. 1 lakh from deceased Saraswati. They used to harass her. She had gone to the house of her parents at Pune before about one and half months. Applicant No.1 had beaten up her in the house of in-laws under drunken condition. 4. The investigation papers, prima facie, show that on 21.10.2010 at about mid day, some women were washing clothes on a rivulet (Odha). The deceased was washing clothes on some distance. The women folks heard sound of some screaming and sound of “thud”. So, they saw towards the place where ( 3 ) cria4947.10 they noticed that deceased Saraswati had fallen on a stone inside the water. She received injury on the backside of head. It was noticed that blood was oozing from the injury. Saraswati, thereafter, vomitted. Her jaw was locked and therefore she was unable to speak anything. 5. So far as the allegations of matrimonial cruelty are concerned, there is no specific instance as such except allegation that applicant No.1 assaulted deceased Saraswati during his visit to the house of his in-laws. The cause of death is shown to be shock due to the head injury. How she had fallen down on the stone is not clear. Nor presence of the applicants at the relevant time in the proximity of the spot is made explicit. 6. Considering the reasons stated here-in-above, the applicants deserve liberty. The application is, therefore, allowed. The applicants are directed to be released on bail on furnishing of bail bonds in sum of Rs. 15,000/- (Rupees Fifteen Thousand Only) each with solvent surety bonds in the like sum and on further condition that they shall not contact ( 4 ) cria4947.10 any of the prosecution witnesses and shall make no attempt to tamper with the evidence of the prosecution. [V.R. KINGAONKAR,J.] snk/2010/DEC10/cria4947.10