1 Cri-A-183-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 183 OF 2011 Anil Nivruti Pawar ... Applicant vs. The State of Maharashtra ... Respondent Mr. Vishal Kolekar,Advocate, for the applicant. Mrs. R.V.Newton, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 1st March, 2011. P.C. 1. Heard. 2. The applicant seeks to be released on bail in Crime No.43/2010 registered at Junnar Police Station for the offences under Sections 304B, 498A, 323, 504, 506 read with Sec. 34 of IPC. 3. Prosecution case, in brief, is that deceased Kavita was married to the applicant, who is accused No.1, on 18.12.2008. She died on 1.8.2010. The post- mortem report reveals that cause of death was cardiorespiratory failure. However, it also shows that surface wounds on right and left elbow joints, and right great 2 Cri-A-183-11.sxw toe. These injuries were caused 12 to 15 hours before death. Besides this, hemorrhage under skin on right leg below knee joint posterior side as well as on left leg below knee joint middle side was noted. This was caused within 1 to 3 days prior to death. All these injuries were ante-mortem. It reveals that the deceased must have been severely beaten repeated within three days prior to her death. Father of the deceased lodged report alleging that immediately after the marriage, the applicant started making demands of money for running hotel. As he was not doing any work, the complainant used to provide Rs.10,000/- to Rs. 15,000/- per month to his daughter for household expenses. However, the applicant continued to harass her and according to him, she had died due to starvation. The post mortem report does not reveal the contents of the stomach and the intestines. From the above circumstances, prima facie, it appears that after the marriage, the accused used to pressurise his wife to bring money from the parents and for that purpose, he used to physically and mentally harass her and it appears that within 3 days prior to her death, she was mercilessly beaten. 4. In view of these circumstances, prima facie offence under Sections 304B and 498A is made out. Taking into consideration these circumstances, it will not be in the interest of justice to grant bail. 3 Cri-A-183-11.sxw Therefore, the application stands rejected. (J.H.BHATIA,J.)