(1) CRI.APP. 3644.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3644 OF 2010 Bahiru S/o Mahadu Benke, Age : 27 years, Occu.: Agri., R/o Khirvire, Tq. Akole, District Ahmednagar .. Applicant VERSUS The State of Maharashtra (Copy to be served on the Public Prosecutor at High Court Bench at Aurangabad) .. Respondent ... Mr. S.T. Shelke, Advocate for the Applicant Mr. N.H. Borade, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 12TH OCTOBER, 2010 ORAL ORDER:- 1. Heard. 2. The Application is for bail. The chargesheet has been filed. 3. Considering the averments in the FIR and the investigation papers, it prima facie appears that the applicant used to give ill-treatment to the deceased wife. She always made complaints about the (2) CRI.APP. 3644.2010 matrimonial cruelty meted out to her. She was having a minor son. It appears that the applicant had also filed Divorce Petition as deceased Pushpa had gone to reside with her brother. The death of deceased Pushpa occurred within period of about four years of the marriage. Allegedly the applicant was demanding Rs.20,000/- for purchasing of a motorcycle and Rs.10,000/- for carrying out work of levelling of agricultural land. He used to ill-treat deceased Pushpa on account of non-fulfillment of such demand. It appears from the FIR and other investigation papers that though Pushpa had delivered two children yet there was no change in the attitude of the applicant and, therefore, Pushpa was allowed to reside in the house of her brother. Allegedly, the applicant went to house of his in-laws and forcibly took away the elder son. Due to his such act, and having regard to the welfare of the son, deceased Pushpa was compelled to go back to the house of the applicant. She was troubled by him from time to time. On 22.6.2010 her brother received telephonic information in the noon time that Pushpa was (3) CRI.APP. 3644.2010 seriously ill. The telephonic message was received from an unknown person. He, therefore, immediately went to the village of the applicant. He alongwith other eight persons made enquiry at the house of the applicant and came to know that the applicant and others had gone towards their agricultural lands. They went towards the agricultural lands and on way they noticed that dead body of Pushpa alongwith her infant son by name Puja were taken out from well. Both of them had drowned in the well. It appears prima facie improper that deceased Pushpa would have committed suicide alongwith the infant son. It appears prima facie that she had gone to reside with the applicant only because her elder son was snatched away from her. Such a young mother would not have ordinarily killed the minor child. In any case, death of Pushpa appears to be under unnatural circumstances and within a period of four years of the marriage. 4. In this view of the matter, the applicant does not deserve the discretionary relief of bail. (4) CRI.APP. 3644.2010 5. In the result, the Application is dismissed. The trial of the Sessions case shall be however expedited and be completed within period of eight(8) months as far as possible. Sd/- [V.R. KINGAONKAR, J.] arp