1appln-2325-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION No. 2325 of 2010 Jaydeep Uttamrao Dixit vs. The State of Maharashtra Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s orders Mr S.D. Patil with Prashant Jadhav, for the Applicant. Mr K.V.Saste, A.P.P.,for the State. Mr G.N.Salunkhe – for original complainant. CORAM:- A.R. JOSHI, J. DATE :- 28TH JUNE, 2010. P.C.:- 1. Heard rival submissions at length on this anticipatory bail application preferred by the applicant apprehending his arrest in C.R.No.26/2010 registered at Shahuwadi Police Station, District Kolhapur in connection with the offence punishable under Section 306 of I.P.C. 2. Allegations against the applicant are that during the period from 2004 to 2010 there was longstanding love affair between him being Professor/Lecturer in the college of the deceased girl, then aged 23 years or so, lately doing her M.Com (External) during the year 2010. Apparently, there was exchange of some love letters as alleged by the prosecution inasmuch as a desk diary of the year 2007 is produced before the court in which allegedly there are love letters and love poems 2appln-2325-10 written in the hand writing of the present applicant and said diary was given to the victim girl during the progress of their love affair. About a day prior to the tragic end of the victim girl there was a sort of phone conversation by the present applicant and the girl where she was informed by the applicant that he is going to be engaged with some other girl and it was not possible for both of them to continue their relations and it would not be possible for them to get married. Apparently, knowing such decision of the applicant, on the next day the victim girl left her home and was missing. Subsequently she was found dead in a nearby well. Apparently, according to the complainant her brother, she ended her life only because there was a phone call from the applicant informing her that he was to get engaged with some other girl and according to the complainant allegedly it is abetment of suicide. 3. The contents of the love letters and love poems are seen, so also it is ascertained as to what was the social and educational level of the victim girl. She was 23 years matured girl studing in M.Com and having rather longstanding love affair with the applicant who happened to be the professor / lecturer in the same college where she was studying. Still considering that there was such love affair and there was exchange of some love letters between the deceased and the applicant still it does not sound to reason and logic that a young girl may end her life in such a tragic way. However, it is a factual position that she ended her life. In the opinion of this Court, probably it was the temparament and the mental set up of the particular individual to cope up with the situation which may abruptly compel the person to take such drastic step. All the same, in the opinion of this Court, custodial interrogation in such matters is not warranted. Needless to mention that 3appln-2325-10 on the allegations the applicant has to face the charge and to deal with the matter appropriately, however, the present application can be allowed on certain conditions. In the result, the following order:- ORDER: (a) Anticipatory bail application is allowed. (b) In the event of arrest of the applicant in C.R. No. 26/2010 with Shahuwadi Police Station, District Kolhapur, he shall be released on bail on executing a P.R.bond in the sum of Rs. 15,000/-with one surety in the like amount. (c) The relief of anticipatory bail is granted till filing of the charge sheet. After filing of the charge sheet the applicant shall apply afresh before the Trial Court for regular bail. The concerned Court then seized of the matter shall dispose of such application for regular bail on its own merits without being influenced by the observations made in the present order. (d) On availing the bail the applicant shall attend concerned police station once in a week on every Sunday between 10-00 a.m., to 12.00 noon till the investigation is completed. (e) Application is disposed of in terms of this order. (A.R.JOSHI,J)