1 903-appp-113-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.113 OF 2011 Dattatray D. Ballal & Another .. Applicants V/s. The State of Maharashtra .. Respondent. Mr. R.D.Suryawanshi, for the Applicants. Mr. K.A.Patel, for Intervener. Smt. A.A.Mane, APP for the Respondent-State. CORAM : A.R.JOSHI, J. DATE : 11th MARCH, 2011. P.C.: 1. Heard rival submissions at length in this application for anticipatory bail preferred by the Applicants apprehending their arrest in the matter of C.R.No.I-01/2011 registered with the Jawhar Police Station, District Thane for the offence punishable under Sections 306, 323, 506 r/w section 34 of the Indian Penal Code. 2 The First Information Report is lodged by one Murlidhar Kashinath Dudhambe, father of the deceased boy. Said Murlidhar 2 903-appp-113-11.sxw Dudhambe is represented by learned counsel Shri R.D.Suryawanshi, and said learned counsel is also heard in the present anticipatory bail application as Intervenor. 3 The facts of the present matter leading to the filing of the First Information Report rather are peculiar in nature and required to be detailed in order to ascertain how the investigation in the matter has taken place at the hands of Jawahar Police Station, Thane. 4 Apparently, one day prior to the incident, on 25th October, 2010, in the afternoon, the deceased boy had been to the resident of his maternal aunt one Smt. Sindhtai Waghchoure and at that time, he got acquainted with one Kumari Chhaya Deoram Ballal. There was some talk and smiling by the deceased and the said girl after seeing each other. This incident of talking, seeing and smiling at each other, created a suspicion in the minds of the present applicants and other relatives who are the relatives of said girl. Thereafter, on the next day i.e. on 26th October, 2010, again in the afternoon when the deceased boy had appeared at the house of his maternal aunt, there was some altercation and hot exchange of words between the present applicant and other relatives and the said maternal aunt was also assaulted and abused and was beaten by iron rod. Apparently, threats of dire consequences were given to the deceased boy as not to endulge in 3 903-appp-113-11.sxw such love affair with the girl or otherwise he would be sternly dealt with by amputing his hands and legs. This was the incident and from the next date, the boy was found missing and was ultimately found in hanging condition on 27th October, 2010. Apparently, police registered accidental death report on the premise that the present intervener, the father of the deceased boy had informed them that probably it was the case of suicide. 5 Thereafter, apparently, the intervener visited the police station on many occasions and specifically on 29th October, 2010, with a written application specifically alleging that the applicant and their other relatives have committed murder of his son and created a scene of suicide. In the said written application, it is also specifically mentioned by the intervener-first informant that on 27th October, 2010, at night time, some relatives of the applicant had attended the house of the complainant and offered him Rs.50,000/- for not to agitate the matter and not to lodge any complaint with the police and in fact, the threats and dire consequences were given, if the complainant refuse. Thereafter, the first informant/intervener wrote another letter dated 3rd November, 2010 to S.P. Jawahar (Rural), again specifically indicating his suspicion on applicants and their other relatives. In the said letter, it is also specifically mentioned that after 4 903-appp-113-11.sxw the inquest punchanama of dead body was conducted by police, complainant and his other relatives refused to take custody of the dead body till the time the real culprits i.e. applicants and other relatives are arrested and charged with relevant offences. The complainant was given an assurance by Senior Police Inspector of Jawahar Police Station for taking immediate action and requested the complainant to take charge of the body. However, it appears that after such steps taken by the original complainant, still there was no recording of any first information report and it was recorded belated on 18th January, 2011 and apparently, for the offences punishable under section 306, 326 and 506 r/w section 34 of I.P.C. 6 During arguments, the learned counsel for the intervener also took the exception for not registering the offence punishable under section 302 of I.P.C. though requests were made immediately from the third day of the incident and the complainant was making grievances to the local police that it was not the matter of accidental death or suicide but of murder. 5 903-appp-113-11.sxw 7 On the above submission of the learned counsel of the intervener, it was enquired that why till this time the matter was not taken before appropriate forum for transfer of the investigation when such serious allegations were made for enquiry into the death of his son, he expressed that due to his social status and poverty, complainant did not approach the court. It is brought to the notice of this Court that ultimately on 18th January, 2011, he had been to the police station for lodging the complaint and at that time, his complaint was lodged under section 306 r/w section 34 and not u/s 302 of I.P.C. 8 Considering the above circumstances and mainly considering that it was apparently the disappearance of the boy, immediately after he was threatened and assaulted by the applicant and other relatives for only alleged the episode happened at the house of maternal aunt of the deceased boy two days prior to the incident, definitely it is a matter in which the interrogation of the present applicant in police custody is warranted. This Court is not oblivious of the situation regarding belated F.I.R., registered on 18th January, 2011. So far as the investigation is concerned, without making any further comments, in this application for anticipatory bail, it is left open for the intervener to seek his reliefs elsewhere as per the law. 6 903-appp-113-11.sxw 9 Considering the above situation, in the opinion of this Court, present application is disposed off with following order:- ORDER Anticipatory Bail Application No.113 of 2011 stands dismissed and accordingly disposed off. (A.R.JOSHI, J.)