1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL BAIL APPLICATION NO.5346 OF 2010 Sushila Uttamrao Kapase ...Applicant. v. The State of Maharashtra ...Respondents. Mr. A.P.Mundargi Sr. Counsel i/by Shri P.G.Sarda ,advs. For the Applicant. Ms P.P.Shinde, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : FEBRUARY 18, 2011. P.C. 1 Applicant seeks to be released on bail in crime no.72 of 2010 registered at Vairag police station under Sections 302, 498A, 177(1), 201 r/w section 34 of the I.P.C. 2 Prosecution case, in brief, is that deceased Sarita daughter of the first informant Dagdu was married on 1.3.2009 to Arun son of the present applicant. After the marriage, she had been to the parents place for Nagpanchami festival and at that time, she complained that she was being beaten and illtreated by her husband, father in law and mother in law and sister in law and she was required to do every work of the family including cleaning utensils, washing clothes. On 13.12.2009 she went to her parents place and she informed that her husband, father in law , 2 mother in law and sister in law had asked her to bring an amount of Rs. 25,000/- from parents as the amount was required for the marriage expenses of her sister in law. An amount of Rs.15,000/- was actually paid to her husband and the balance amount of Rs.10,000/-was assured to be paid. When she came back for Gudipadwa of 2010, she complained that she was being illtreated, harassed and kept hungry as the balance amount was not being paid even though she was pregnant for 3 months. On 29.4.2010 message was received that she had consumed the poison and she had died. Report was lodged by her father on the same day. Her father in law had lodged report with the police that he had received message from his son that his wife Sarita had consumed poison and committed suicide because she was fed up with abdominal pain. C.A. Report reveals that insecticides was found in the viscera. According to the prosecution, deceased was never suffering from any abdominal pain and as she was pregnant for about 3 or 4 months, it was impossible that she would have committed suicide merely because of abdominal pain. At this stage, I do not attach any importance to the defence that she has consumed poison because of abdominal pain. However, the learned counsel for the applicant has pointed out that sister in law was granted anticipatory bail and father in law Uttamrao has also been granted bail 3 on 7.10.2010. Applicant, who is mother in law of the deceased is old lady aged about 62 years and she seeks bail on the principle of parity. The learned APP could not point out any circumstances due to which case against the present applicant could be distinguished from the case against father in law. In view of the circumstances and particularly that the applicant is old lady, she be released on her executing PR in the sum of Rs.25,000/- with one or two sureties in the like amount with condition that she shall not tamper with the prosecution evidence. Application stands disposed off. (J.H. BHATIA,J.)