ladda 1 aba-184-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 184 OF 2011 Sagunabai Vithal Khairnar and Anr ..Applicants. versus The State of Maharashtra ..Respondent. Mr N.R. Bubna, Advocate for the Applicant. Mr J. P. Kharge, A.P.P. for the State. CORAM : A.R.JOSHI, J. DATED : 9th March, 2011 P.C. :- 1. Heard rival submissions for some time on this application for anticipatory bail. Both the applicants are apprehending their arrest in the matter of Vadner Khakurdi Police Station, Taluka Malegaon in C.R. No.I-5 of 2011 for the offence punishable under Section 306, 498-A, read with Section 34 of the Indian Penal Code. ladda 2 aba-184-11 2. Incident occurred on 31st January, 2011, in the morning, in the house when the deceased, one Smt Mina, wife of present Applicant No.2 committed suicide by pouring kerosene over her person. Apparently, she had sustained 72% burn injuries. It is the submission on behalf of the applicants that applicant No.2 husband tried to rescue her and in that process sustained about 20% burn injuries and was also treated. 3. While under treatment, initially, on 2nd February, 2011 the deceased, who was then alive and under treatment, had given her statement which was not incriminating against the present applicants. Subsequently, on 10th February, 2011 she gave another statement in which she made allegations against her husband, applicant No.2 and her mother-in-law, applicant No.1 as to illtreatment, harassment and suspecting her character. Due to such consistent illtreatment, in a fit of rage, she had poured kerosene over her person. In the said statement she has further alleged that she has complaint against both the applicants. After the said second dying declaration, on the next day, i.e. on 11th February, 2011 said Mina succumbed to the burn injuries and as such offence punishable under Section 306 of I.P.C. was added in the earlier recorded offence punishable under Section 498-A read with ladda 3 aba-184-11 Section 34 of the I.P.C. 4. During the arguments, it is submitted on behalf of the applicants that applicant No.1 is aged about 60 years and is suffering from blood cancer. On this aspect, attention of this Court is drawn towards the document, at page No.15, which is annexed to the present application. It is a sort of Railway Concession Form for some journey along with a sort of certificate issued by Tata Memorial Hospital dated 5th January, 2011 showing the name of applicant No.1 and her age as 50 years female. On this aspect, in the title clause of the present application, age of the present applicant No.1 is mentioned as 60 years. On this, it is submitted on behalf of the applicants that a sort of incorrect information as to age might have been given by the parties. All the same, inspite of such discrepancy, further argued, the case for prearrest bail can be considered for Applicant No.1, considering her age and ailment as to cancer. 5. Second argument advanced on behalf of the applicants is that the first dying declaration recorded on 2nd February, 2011 is not incriminating. It is also argued that while attempting to save his wife, applicant No.2 husband has also sustained about 20% burn injuries. On this aspect, attention of this Court is drawn towards the copy of the ladda 4 aba-184-11 letter addressed by Nere Hospital to C.M.O. of Civil Hospital, Dhule. This letter is at page No.13 attached to the present application. In the said letter, there is mention that applicant No.2 is 20% burn patient and was sent to Dhule Civil Hospital for further treatment. In the said letter, it is also mentioned that his wife (deceased Mina) had been tested tridol positive for HIV-1. By pointing out this, it is submitted that the possibility of the deceased ending her life, by pouring kerosene on her person and igniting herself on fire, after she had detected HIV positive cannot be ruled out. For this purpose, in the application, in paragraph No.2, it is specifically averred that on 31st January, 2011 i.e. on the fateful day applicant No.2 and deceased were orally informed by Laboratory Technician that deceased had tested positive for HIV-1 though the report was given on 1st February, 2011. 6. As against the above, learned A.P.P.for the State brought attention of this Court towards statements of parents of the deceased and her near relatives which prima facie mention as to the illtreatment given to the deceased within a period of hardly six months after her marriage with Respondent No.2 which took place somewhere in June, 2010. Apparently, as per the said statements, that was the second marriage of the deceased after the death of her first husband. By ladda 5 aba-184-11 pointing out these statements, it is submitted on behalf of the State that the investigation is still going on and at this stage, it would not be proper to release the applicants on anticipatory bail without there being any opportunity for the police machinery to interrogate them. 7. Considering the above circumstances and still considering that the investigation is still at the nascent stage, considering the apparent ailment of applicant No.1, mother-in-law and considering her advance age, this Court is inclined to grant relief of pre-arrest bail in favour of the applicant No.1. However, considering the specific circumstances of the matter, such relief is not being granted to applicant No.2 husband. Hence, the following order. ORDER. (a) Criminal Application No. 184 of 2011 is partly allowed. (b) In the event of arrest of Applicant No.1, Smt Sagunabai Vithal Khairnar, in C.R. No. I-5 of 2011, registered with Vadner Khakurdi Police Station, Taluka Malegaon, she shall be released on bail on her executing PR bond in the sum of Rs.15,000/- with one surety in the like amount. ladda 6 aba-184-11 (c) In the event of arrest and availing bail, Applicant No.1 shall attend concerned Police station, once in a week, on every Monday between 10:00 a.m. to 12:00 noon for the period of one month. (d) Prayer of anticipatory bail for Applicant No.2 stands rejected. 8. Application is disposed of accordingly. (A.R. JOSHI, J.)