1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3796 OF 2009 ALONGWITH CRIMINAL APPLICATION NO. 4035 OF 2009 Ratanabai Sukhdeo Bansode Vijay Sukhdeo Bansode ........ Applicants versus The State of Maharashtra ........Respondent. Mr. Ashok B. Tajane adv. for the Applicants Mr. H.J. Dedhia APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 18th September,2009. P. C.: 1. The present applicants are apprehending arrest in C.R. No. 75/09 registered for offence under section 306, 323, 504, 506 read with 34 of IPC with MIDC police station, Solapur city. The applicant in Application no. 3796/09 is the mother in law of the deceased whereas the applicant in Application no. 4035/09 is the brother of the husband of the deceased. 2. The deceased was married to one Raju Sukhadeo Bansode on 17-5-2001. The date of death of Surekha Raju Bansode is 10-7-2009. After the death of Surekha her father lodged an FIR consequent upon which a crime has been registered. Perusal of 2 the FIR reveals that in the year 2004 the applicant’s family had proposed to the parents of the deceased that their another daughter by name Devashala be given in marriage to Vijay and as the same was not agreed to by the first informant, since the year 2004 the husband and his family members including the present applicants started ill-treating the deceased. It is stated that she was meted out, both physical and mental cruelty and there is no allegation of any demand whatsoever. 3. According to the learned counsel for the applicant, the deceased committed suicide, however the same was on account of her sufferings as she was detected HIV positive and was also suffering from T.B. The medical record and the certificate issued by the Maharashtra State Aids Control Society clearly reveals that the deceased was suffering from HIV positive and was also suffering from T.B. since few years. Various documents placed on record by the applicants also reveal that the deceased was being treated at the Municipal Corporation Hospital and other hospitals. It thus appears prima facie probable that the deceased on account of her sufferings due to HIV positive and T.B. could have committed suicide. Husband of the deceased and the father in law are already arrested and are in custody,. The applicant in Cri. Application No. 3796/09 who is mother in law of the deceased is aged 63 years. The deceased had left behind two children, one aged about 9 years and the other 2 ½ years. There are no one else in the family to look after the children except the applicant Ratnabai. Having regard to the fact that already two male 3 members in the family are in custody so also having regard to the fact that the deceased, prior to her committing suicide, was suffering from HIV positive and T.B., I am of the clear view that the applicants are entitled to be granted anticipatory bail. In the result the applications are allowed. 4. The applicant in Criminal Application no.3796/09 by name Ratnabai, in the event of her arrest, shall be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount. The applicant shall attend the police station as and when so directed by the investigating officer. 5. The applicant in Criminal Application No. 4035/09 by name Vijay Sukhdeo Bansode, in the event of his arrest, shall be released on bail in the sum of Rs.10,000/- with one or two sureties in the like amount. 6. The applicant Vijay shall attend the police station once a week i.e. on Saturday between 4 to 6 p.m. till filing of the charge sheet and shall co-operate in the investigation of the crime. 6. Both the applicants shall abide by the conditions stipulated under section 438(2) Cr.P.C. 7. Applications are disposed of. (A. P. Deshpande, J.)