(1) Cri. Application No. 3720 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 3720 of 2011 Santosh s/o. Gangaram Pawar, Age : 35 years, Occupation : Household, R/o. Waiwadi Tanda, Taluka : Himayatnagar, District : Nanded. .. Applicant. versus The State of Maharashtra, Through Police Station, Himayatnagar, District : Nanded. .. Respondent. ....................... Mr. S.J. Salunke, Advocate, for the applicant. Mr. D.R. Korde, Additional Public Prosecutor, for the respondent. ........................ CORAM : SHRIHARI P. DAVARE, J. DATE : 22ND SEPTEMBER 2011 (2) Cri. Application No. 3720 of 2011 COURT'S ORDER : 1. Perused the investigation papers which were made available for inspection purpose and also heard learned respective Counsel for the parties, finally. 2. This is an application preferred by the applicant seeking regular bail in connection with Crime No. 18/2011, registered at Police Station, Himayatnagar (District : Nanded), for the offences punishable under Sections 302, 201, 498-A, read with Section 34 of Indian Penal Code. 3. It appears that the crime has been registered on the basis of the complaint lodged by the complainant, namely, Raghunath Soman Rathod i.e. father of the victim, namely, Kavita, on 2nd April 2011. In fact, there before, the applicant herein gave a statement on 1st April 2011 before Police Station, Himayatnagar, and on his report Accidental Death was registered under A.D. No. 16/2011 on 1st April 2011, in respect of death of the victim Kavita. 4. On perusal of the contents of the complaint filed by the complainant, it appears that the victim Kavita married with (3) Cri. Application No. 3720 of 2011 Deelip about six years back and it is alleged that there was illtreatment to the said victim at the hands of inlaws on account of non-fulfillment of unlawful demand of Rs. 50,000/- to be brought by her from her parental house for the purchase of auto- rickshaw. It is alleged that the victim's husband, namely, Deelip, was addicted to liquor and he used to assault victim. It is also alleged that the victim was driven out of the matrimonial home after subjecting to mental and physical cruelty. It is also alleged that the applicant Santosh, Sahebrao Pawar and Deelip Pawar had gone to parental house of the victim and undertook that the victim Kavita would not be harassed henceforth, and Deelip would not consume liquor, and although victim Kavita was brought to her matrimonial home, she said that she would be killed at the hands of persons in the matrimonial home. Thereafter, on 1st April 2011, victim Kavita was found dead in a well. 5. During the course of investigation, it was revealed that a poisonous substance was consumed by the victim Kavita, and viscera was preserved and her cause of death was reserved till C.A. report of viscera is received. The inquest panchanama and post mortem report disclose that there were about eight injuries on the person of the victim Kavita, and therefore, it is (4) Cri. Application No. 3720 of 2011 apparent that the victim was subjected to cruelty, prior to death. 6. However, considering the contents of the complaint, it appears that there are general and omnibus allegations against the applicant herein and no specific role has been attributed to him during occurrence of the incident. Moreover, the statements of witnesses recorded during the course of investigation, also apparently, do not reflect any specific role to the applicant in respect of the allegations made against inlaws of the victim. Moreover, it is also pointed out by the learned Counsel for the applicant, that the applicant has been residing separately from Deelip in the same village and tendered a photocopy of his Rojgarpatra in that respect, and the same is taken on record and marked as document "X". Moreover, learned Counsel for the applicant also tendered 7/12 extract of the property Gut No. 393 disclosing 40 Are portion of land has been shown in the name of wife of the applicant, namely, Devkabai, and the same is taken on record and marked as "X-1". 7. Having comprehensive view of the matter, it is apparent that the investigation has been completed and charge sheet has been filed and considering the allegations made against the applicant, and role of the applicant in the alleged offence, (5) Cri. Application No. 3720 of 2011 there is no propriety in keeping the applicant in custody furthermore, and hence he deserves to be enlarged on bail but on certain conditions. 8. In the result, present Criminal Application is allowed, and it is directed that the applicant, namely, Santosh s/o. Gangaram Pawar, be released on bail, in connection with Crime No. 18/2011, registered at Police Station, Himayatnagar (District : Nanded), on furnishing P.R. Bond in the sum of Rs. 20,000/- with one surety in the like amount, on the following conditions : (i) After release on bail, the applicant shall give attendance before the concerned Police Station once in a month i.e. on first Monday of each month, between 04.00 p.m. to 07.00 p.m., till disposal of the trial, and (ii) Applicant shall not influence upon witnesses and/or tamper with the evidence, in any manner whatsoever, directly or indirectly. 9. Present Criminal Application is disposed of finally. (6) Cri. Application No. 3720 of 2011 10. However, it is made clear that the above observations are prima facie in nature, and same shall be restricted to this order only and shall not be used in any other matter while deciding it on merits. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka3720