cra3260.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3260 OF 2011 1) Gulab s/o Lokdoba Kadam, Age-21 years, Occu:Agri., R/o-Mashti, Tq-Dharmabad, Dist-Nanded, 2) Lokdoba s/o Piraji Kadam, Age-52 years, Occu:Agri., R/o-Mashti, Tq-Dharmabad, Dist-Nanded. ...APPLICANTS. VERSUS The State of Maharashtra, Through the Police Station Kundalwadi, Tq-Biloli, Dist-Nanded. ...RESPONDENT. ... Shri.U.B. Bilolikar Advocate for Applicants. Shri.B.J. Sonawane, A.P.P. for Respondent. ... CORAM: T.V. NALAWADE, J. DATE : 9TH AUGUST, 2011 cra3260.11 2 PER COURT : 1. This Application is filed for bail in C.R. No.19 of 2011 registered in Kundalwadi Police Station, Dist-Nanded, for the offences punishable under Sections 498-A, 302, 34 etc. of the Indian Penal Code. The papers of investigation were made available. Both the sides are heard. 2. The crime is registered on the basis of report given by father of deceased. The deceased was given in marriage to Applicant No.1 on 2nd April, 2010. The incident took place on the night between 27th April, 2011 and 28th April, 2011. Allegations are made that the deceased used to disclose that the Applicants were harassing her and they were insisting that her father should transfer the agricultural land in the name of Applicant No.1 as the deceased was only issue to the complainant. Allegations are made that the complainant was present when the marriage of cra3260.11 3 daughter of Applicant No.2 was settled and at that time the Applicants had demanded Rs.50,000/- and one tola gold and they had given threat that otherwise they would send back the deceased to the parents house. Allegations are made that 2 to 3 days prior to the incident, demand was again made and on that occasion he promised to give some money within 7 to 8 days. 3. The dead body of the daughter of the complainant was found hanging in the bedroom of the house of the Applicants. One Deelip Patil, resident of village of the Applicants, informed about the incident to the parents of the deceased at about 7 a.m. on 28th April, 2011. There are statements of other witnesses of the same village like Baliram who saw the dead body. Their statements show that the lower limbs of the dead body were touching the floor. Though there was water pot in the room, it had cover and it was found on one side and not under the dead body. The cra3260.11 4 P.M. report is not clear. In column No.17, the Doctor has written that the ligature mark was having complete circle and he has again described it as obliquely upward towards the right mandible region. There was one injury like contusion over left thigh. Cause of death is given as 'Asphyxia due to Hanging'. Thus the opinion is not consistent with the description of ligature mark given in column No.17. There are aforesaid circumstances also and there is allegation that the deceased was murdered and then the body was hanged. 4. The Advocate of the Applicants submitted that he is not pressing Application in respect of the husband of the deceased, Applicant No.1. The spot panchnama shows that incident took place in the bedroom and in the night time. In view of these circumstances, this Court holds that bail can be granted only to Applicant No.2, father in law of the deceased, subject to some conditions. cra3260.11 5 5. The Criminal Application in respect of Applicant No.1 - Gulab Lokdoba Kadam is disposed of as not pressed. 6. The Criminal Application in respect of Applicant No.2 - Lokdoba s/o Piraji Kadam is allowed. The Applicant No.2 is to be released on bail in C.R. No.19 of 2011 registered in Kundalwadi Police Station, Dist-Nanded, for the offences punishable under Sections 498-A, 302, 34 etc. of the Indian Penal Code, on his furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand). He is not to tamper with the prosecution witnesses. [T.V. NALAWADE, J.] asb/AUG11