1 Appln416.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.416 OF 2011 (FOR ANTICIPATORY BAIL) KJ 1 Dhanpal Kallappa Khot ) 2 Sau.Suvarna Dhanpal Khot ) 3 Sau.Archana Basavraj Pattanshetti ) 4 Sau.Sujata Rajesh Shah ) 5 Sau.Dipali @ Priya Rajesh Utture )..Applicants Vs. The State of Maharashtra )..Respondents ---- Mr.Shri S.A.Ingawale for the applicants. Mr.J.P.Kharge APP for the State. ---- CORAM : MRS.MRIDULA BHATKAR,J (VACATION JUDGE) DATE : 9/5/2011. PC 1 The applicants are facing the charges under Section 302 & 201 of IPC and the offence was registered at Hatkangale police station, District Solapur in C.R.No.61 of 2011. The applicant- accused no.1 is a father-in-law of the victim lady. The applicant- accused no.2 is a mother-in-law while applicant nos.3, 4 & 5 are sisters-in-law of the victim. Husband of the victim is arrested and 2 Appln416.11.sxw he is in the prison. Body of the victim was found in the well on 13.4.2011 approximately 27 K.M away from the house of the victim. Marriage was solemnized between the victim and her husband on 15.9.2005. Victim and her husband were not having good relationship and so both the parties filed marriage petition for divorce which was concluded by mutual consent on 12.2.2011. Victim was not residing with her husband since 2006 onwards. 2 It is submitted by the learned Counsel for the applicants that the applicants are innocent and they are not involved in the commission of this crime. Father is 65 years old, mother-in-law is 55 years old and applicant nos.3, 4 & 5 are all married sisters who are not residing with their maiden family. Learned APP while opposing the application, submits that the police have not yet received the report of cause of death as the opinion is reserved at the time of post mortem by the Medical officer. It is further submitted that police wants to seize cell-phone and gold chain of the victim from the applicants. It is submitted that at the time of passing decree of mutual consent, husband agreed to pay 3 Appln416.11.sxw amount of Rs.1,50,000/- towards full and final settlement and out of which, first installment of Rs.85,000/- was paid and also a post dated cheque of Rs.65,000/- was handed over. The said cheque was found with the victim. Learned Prosecutor could not show any nexus between the role of the accused and the death of the victim. The reasons given by the Prosecutor cannot be a good ground to reject the anticipatory bail to the applicants. Considering the circumstances and history of the married life of the victim and her husband, it is a fit case to grant anticipatory bail to all the applicants. Learned Sessions Judge has considered the allegations which were made against the applicants. However, mere allegations based on suspicion cannot form the ground to reject anticipatory bail. The applicants do not have any history except previous case filed by the victim under Section 498-A of Cr.P.C. 3 Anticipatory Bail Application is granted. In the event of their arrest, all the applicants be released on bail in the sum of Rs. 15,000/- each with one surety each in the like amount. All the 4 Appln416.11.sxw applicants will co-operate with the Investigating officer in the investigation. All the applicants will attend concerned police station till the filing of the charge-sheet on every Sunday between 11.00 A.M to 1.00 P.M. Applicants will not tamper with the evidence. (MRS.MRIDULA BHATKAR,J)