1 Criap.No.5370 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CRIMINAL APPLICATION NO. 5370 OF 2011 Gulab Lokdoba Kadam ..APPLICANT VERSUS The State of Maharashtra ..RESPONDENT Mr U.B. Bilolikar, Advocate for the applicant; Mr B. J. Sonawane, A.P.P. for the respondent CORAM : R.Y. GANOO, J. DATE : 21st December, 2011 PER COURT : The applicant is arrested in connection with C.R. No.19 of 2011, registered with Kundalwadi police station, District Nanded, under section 302, 498-A read with sec. 34 of the Indian Penal Code. 2. Mr Gangadhar, cousin of the present applicant informed the police on 28.4.2011, at about 7.15 a.m., that Surekha, wife of the applicant has died on account of suicide committed by her by 2 Criap.No.5370 of 2011 hanging. Police went into action. Scene of offence panchnama was carried out on 28.4.2011. In the scene of offence panchnama, it is pertinent to note that the legs of Surekha were found to be touching the ground. The distance between the noose and the ground was about 50 inches, whereas height of Surekha was about 55 inches. It is common ground that Surekha was staying with the applicant on the night between 27.4.2011 and 28.4.2011. One person by name Deelip has informed the parents of Surekha about the death at about 7.00 a.m. on telephone. The husband or his near relatives have not informed about the death of Surekha to her parents. Baliram, a neighbour of the applicant, has visited the house of the applicant after hearing shouts early morning at about 4.00 a.m. and he had observed that the legs of Surekha were touching the ground. Looking to the text of the charge-sheet, it is also clear that said Surekha was subjected to cruelty; mental as well as physical. This aspect is also required to be linked with death of Surekha. The applicant was staying along with his parents. This will mean that the incident of death of Surekha has taken place when at least 3 to 4 persons were staying in the house and nobody has come forward to report to the police as to what has happened. The inaction on the part of the applicant or his near relatives in not informing the police is a strongest circumstance against the present applicant. It is true that 3 Criap.No.5370 of 2011 the Doctor has indicated that death is on account of asphyxia due to hanging. However, looking to the injuries which are described in column no.17 of the post mortem report, it was necessary for the Doctor to specifically mention whether the death had occurred on account of throttling or on account of commission of suicide and no clear cut report is given. In any case, looking to the entire record as a whole, prima facie case is made out for the involvement of the present applicant in the matter of causing death of Surekha. Apart from the above observations, the statements of near relatives of Surekha clearly go to show that persistent cruelty was inflicted upon Surekha and to that extent, prima facie case for the charge under section 498-A of the Indian Penal Code is also made out. 3. The allegations against the present applicant are serious. A large number of neighbours have given statements against the present applicant. It is quite likely that the applicant will pressurize the neighbours to yield in his favour. Bail cannot be granted to the present applicant. Hence, the application is rejected. (R. Y. GANOO, J.) amj/criap5370.11