- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2964/2010 1] Kisan s/o Ambadas Korade, age 45 yrs., occu.agril., r/o Takarwan Tq.Majalgaon Dist.Beed. 2] Sow.Malanbai w/o Kisan Korade, age 40 yrs., occu.household, r/o Takarwan Tq.Majalgaon Dist.Beed. ...Applicants.. Versus The State of Maharashtra, through Police Station, Majalgaon (Rural), Tq.Majalgaon Dist.Beed. ...Respondent... ..... Shri S.J. Salunke, Advocate for applicants. Shri K.S. Patil, APP for respondent. ..... CORAM: A.V. POTDAR, J. DATE: 09.08.2010 - 2 - PER COURT: 1] By the present application, the applicants, who are in-laws of deceased Savita, who expired due to burn injuries on 28.6.2010, are before this Court for their release on bail in connection with Crime No.5/2010 registered with Majalgaon (Rural) Police Station of District Beed, for the alleged offence u/s 498-A, 306 r/w 34 of the Indian Penal Code, in which they came to be arrested on 28.6.2010. 2] Heard counsel for the parties. 3] At the beginning of the submissions across the Bar, it is made clear by the counsel for the applicants that he is not pressing for the application so far as the applicant no.1 - Kisan Ambadas Korade is concerned and he is pressing only for the release of the applicant no.2 – Sow.Malanbai w/o Kisan Korade on bail i.e. mother in law of the victim. 4] Perusal of the papers of investigation discloses that the said offence came to be registered on 28.6.2010 on the complaint of one Dwarkabai Tulshiram Raut – mother of deceased Savita. Present applicants are in-laws of deceased Savita. Deceased Savita had married with son of the applicants in the year 2008. There are allegations against the applicant no.1 that he was having an evil eye on his daughter in law deceased Savita. He was also insisting Savita to bring Rs. 10,000/- from her parents’ house. As there was no satisfaction of this demand at - 3 - the hands of Savita, she was driven out of the house and was again sent to matrimonial house 15 days before the alleged incident. 5] Perusal of the complaint shows that on 26.6.2010, about 2 days before, Savita was sent to the matrimonial house by her mother. She was not ready to return back to the matrimonial house due to harassment at the hands of the applicants and others. It appears that during investigation, statements of neighbours were recorded. No doubt that there are clear cut allegations against the applicant no.1, but about the instigation at the hands of the applicant no.2 to support the acts of the applicant no.1, is not corroborated from the statements of neighbours recorded during investigation as the deceased had not complained to that effect with the neighbours. Other than the allegations in the complaint against the applicant no.2, which are sweeping in nature, there is no direct evidence of instigation to commit suicide at the hands of the applicant no.2. In view of this, considering that the applicant no.2 is a female applicant, this application is allowed to her extent. Hence, the following order. 6] The application is partly allowed. The application in respect of the applicant no.1- Kisan Ambadas Korade stands rejected. The applicant no.2 – Sow.Malanbai w/o Kisan Korade be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing the P.R. Bond in the like amount. After she being released on bail, she shall not contact any of the - 4 - prosecution witnesses. The application stands disposed of accordingly. (A.V. Potdar, J.) ndk/cr981012