MP 1 BA1718_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1718 OF 2011 Appaso Tanaji Mulik ... Applicant Versus State of Maharashtra ... Respondent Mr.Vishal Kolekar, Advocate for the Applicant. Smt.P. P. Shinde, APP for the Respondent. CORAM : J. H. BHATIA, J. DATE : 18TH NOVEMBER 2011 P. C. : The applicant seeks to be released on bail in crime No.25 of 2011 registered with Kadegaon Police Station for the offences punishable under Sections 304-B, 306, 498-A, 323 r/w. Section 34 of the Indian Penal Code. 2. According to prosecution, deceased Sarika, daughter of the first informant Chandrakant Chavan was married to the present applicant on 13.03.2011, and after marriage, she went to live with her husband. A few days after marriage, she went to her parents’ place to help them in reaping turmeric crop. At that time, she stayed at her parents’ place for two days and then she returned to her husband’s house. It is alleged that during her stay at husband’s house, she used to inform telephonically that she was being ill-treated on the ground that she was unable to cook properly. On 07.05.2011, she was taken to her parents’ place by her father, and at that time, she lived at her parents’ house for about twelve days. As per the F.I.R., during that period, she used to tell her father that there was a demand of Rs. One Lakh from her husband for the purchase of a vehicle and she would not go back unless the amount was provided. However, her father could not provide the money but sent her to her husband’s house on 19.05.2011. On 25.05.2011, she committed suicide by hanging herself in the house of her husband. On the basis of the F.I.R., the MP 2 BA1718_11 offence came to be registered against husband, father-in-law and mother-in-law of the deceased. Father and mother of the applicant have been granted bail because there was no allegation of demand of money against them. 3. According to the applicant, after their marriage, he came to know that the deceased was in love with some other person and she was not happy with marriage with the applicant, and therefore, she might have committed a suicide. Of course, at this stage, there is no material to support the allegation of the applicant in respect of the love affair of the deceased with some other person. At the same time, it is to be noted that the allegation of demand was made for the first time during the last stay at parents’ place. The F.I.R. does not show that prior to 07.05.2011, any such demand was made though F.I.R. shows that during that period, the deceased used to inform telephonically that she was being harassed mentally on the ground that she was unable to cook. Investigation has been completed and charge-sheet is filed. The allegation of demand is based on the information given to father of the deceased. Other witnesses are the close relatives of her parents. Taking into consideration the facts and circumstances of the case, there is no possibility of the witnesses being tampered as there is no witness other than the witnesses from the family and relatives of the deceased. 4. Therefore, the applicant be released on his executing P.R. of Rs.25,000/- with one surety in like amount on condition that he shall not tamper with the prosecution evidence. (J. H. BHATIA, J)