1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRI. APPLICATION (ABA) NO.227 of 2011 (Gopal Namdeo Saraskar ..vs.. State of Maharashtra) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.G. Kavimandan, Advocate for the applicant, Smt. B.P. Maldhure, App for the non-applicant – State. CORAM : MRS. V.K. TAHILRAMANI, J. DATE : 01-07- 2011 . Heard learned Counsel for the applicant-accused and learned A.P.P. for the non-applicant – State. The applicant is seeking anticipatory bail in Crime No.158 of 2011 of Washim Police Station. The said case is under Sections 306, 504 and 506 read with Section 34 of the Indian Penal Code. It is the prosecution case that there was a dispute between the applicant and the deceased on account of electric wire. On 28/4/2011 Nimbaji Pawar (deceased) was sitting in his field keeping watch on the field. At that time the applicant along with others came to the spot. The applicant abused Nimbaji in filthy language and threatened that he would not keep him alive and would not allow him to go to his field and factory. The applicant also threatened that he would cause damage to cattle and other property of Nimbaji. The applicant also rushed upon Nimbaji with a stick of lemon tree. The case of the prosecution is that Nimbaji was humiliated on account of the filthy abuses given to him, hence on 29-4-2011 he committed suicide by jumping into a 2 Well. The main cause for Nimbaji to commit suicide, as stated by the prosecution, is that he was humiliated on account of filthy abuses given to him, due to which he felt awkward to meet and speak to other persons and he felt there was no point in living, therefore, he committed suicide after stating all the above facts in his suicide- note. It is pertinent to note that the abuses given to the deceased are not stated in the suicide note. There is an eye witness to the incident i.e. Vishwambar Bhagat. He stated that there was a dispute in relation to electric line, hence the applicant came to the field along with linemen. The applicant rushed upon Nimbaji (Anna) with a stick and abused him in filthy language. This witness has not stated about any threats being given by the applicant. Vishwambar Bhagat has also not stated the exact words used by the applicant. He has only stated that the applicant gave abuses in filthy language. The investigating agency has recorded the statement of Pandurang, who is an employee of the deceased and his son. Pandurang has stated that on the day of incident his employer Limbaji called him on his cell phone and asked him to come to the field when he went there Limbaji told him that the applicant along with linemen had come to the field. Limbaji further told Pandurang that at that time, Limbaji told the applicant that the electric line should not be taken from above his cattle shed and it should be taken from else where, whereupon the applicant asked him “ gk [kkac rq÷;k ckikP;k ?kjpk vkgs dk; ?”. Besides these words no other words, allegedly used by the applicant, have been stated either by the 3 deceased to this witness. Nor have any of the witnesses stated what words were uttered by the applicant. In my opinion these words as stated by Pandurang were not such as to cause any reasonable person to commit suicide. Moreover, the custody of the applicant is not necessary, because there is nothing to be recovered at his instance. In this view of the matter, I am inclined to grant anticipatory bail to the applicant. Hence, the following order. In the event of arrest, the applicant be released on bail on his executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount to make up the said amount. The applicant shall report to Police Station, Washim everyday between 10-00 a.m. and 5-00 p.m. for a period of two weeks from 7th July, 2011. Thereafter, he shall report to the concerned police station once in a week till disposal of trial. Criminal Application is disposed of accordingly. The trial Court shall not be influenced by any observations in this order, while deciding the trial. JUDGE pma