1 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL APPLICATION NO.2705 OF 2010 Chandrakant Mogal Bhosale & Ors. ...Applicants vs. The State of Maharashtra ...Respondent Mr.K.S.Patil for the applicants Mrs.A.S.Pai, A.P.P for State CORAM : A.R.JOSHI,J. DATE : JUNE 14, 2010 P.C.: 1 Heard rival submissions at length on this anticipatory bail application preferred by the three applicants accused nos.1 to 3. It is rather a peculiar case in which allegations are against the father-in-law, mother-in-law and wife of the deceased. This is a case of love marriage. The marriage took place on 23rd August 2009. It appears that within a span of about eight months relations between the married couple became strained on the insistence of the wife and her parents asking the deceased for having separate accommodation and for properly maintaining his wife i.e. applicant no.3. It is also alleged that at some point of time, over the telephone the applicant no.3 censured her deceased husband and instigated him to commit suicide if he is not in a position to expend for her. 2 Few months after the marriage deceased started residing at the hostel, prosecuting his C.A. examination course at Vasai whereas his wife applicant no.3 and her parents were residing at Wadala, Mumbai. It appears that as there used to be torture and humuliation of the 2 deceased over the telephone within the said period of few months, deceased ended his life just within a period of eight months of the marriage. The deceased could not sustained such pressure and torture. At the place of his brother-complainant, deceased consumed insecticide by name `Bagon Spray on the evening of 27th April 2010. He was removed to KEM Hospital and was under treatment. While under treatment, somewhere on 7th May 2010 he gave a statement to the police alleging similar story as narrated by the complainant-his brother, who is Advocate by profession. 2 It appears that the brother and sister of the wife- applicant no.3 were arrested on 12th May 2010 i.e. on the date when the deceased died. Apparently, they had preferred separate application for bail which is still under process. 3 Considering the allegations against the applicants and considering that it could be a question of temperament and compatibility with the situation, still accepting for the sake of the argument that there was some insistence on behalf of the applicants to ask the deceased for separate accommodation, it is not warranted to deny the application. In other words, in the opinion of this Court for action of ending the life by the deceased, the present applicants can not be held responsible and can be be released on bail on certain conditions though investigations is reportedly not completed and what is yet to be recovered from the applicants is alleged amount of Rs.20,000/- and the mobile which the deceased had given to his wife applicant no.3 on her insistence. Custodial interrogation of the applicants is not warranted under the circumstances. Hence the order. 3 ORDER i) Criminal Application no.2705 of 2010 is allowed. ii) In the event of arrest the applicants in C.R.No.78 of 2010 registered with Wadala Police Station they shall be released on bail on executing a P.R.Bond in the sum of Rs.15,000/- (Fifteen thousand only) each with one surety in the like amount each. iii) In the event of arrest and availing of bail the applicants shall attend Wadala Police Station on every Tuesday and Friday between 10.00 a.m. to 12.00 noon till the completion of the investigation. JUDGE