1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO.1400 OF 2010 Nalini Shrinivas Konka and others ...Applicants VERSUS The State of Maharashtra and another ...Respondents ..... Shri N.B. Suryawanshi, Advocate for the applicants Shri D.V. Tele, A.P.P. for the respondents ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 4th May, 2010. PER COURT : 1. Heard Mr. N.B. Suryawanshi, learned counsel for the applicants as well as heard Mr. D.V. Tele, learned A.P.P. for the respondents. 2. This is an application preferred by the applicant Nos.1 to 4, seeking anticipatory bail, apprehending their arrest under C.R. No.I-40/2010, registered at Sangamner City Police Station, District Ahmednagar, for the offences punishable under Sections 2 143, 307, 323 and 506 of the Indian Penal Code. 3. At the outset, Mr. N.B. Suryawanshi, learned counsel for the applicants, on instructions, requested to withdraw the application of applicant Nos.2 to 4 herein namely applicant No.2- Laxman Piraji Landge, applicant No.3- Santosh Piraji Landge and applicant No.4- Nilesh Piraji Landge. In view of the said submission, present application to the extent of said applicant Nos. 2 to 4 stands dismissed as withdrawn. 4. As regards the applicant No.1 Nalini Shrinivas Konka, it appears that, the offence has been registered on the basis of complaint lodged by complainant namely Shrinivas Yallappa Konka on 10.3.2010 in respect of the occurrence of the incident on 9.3.2010. The applicant No.1 namely Nalini Shrinivas Konka is the wife of the complainant. Considering the contents of the said complaint, it appears that, although name of applicant No.1 namely Nalini Shrinivas Konka has been reflected in the said complaint, the role attributed to her in the occurrence of the incident is that, she simply started filling the utensils in the gunny bag along with her father-in-law namely Piraji, at the time of occurrence of the incident and not beyond that. Moreover, applicant No.1 is a woman and it is submitted that she is having a minor infant child. 3 Besides that, interim protection was granted to her in the present application by order dated 12.4.2010. Hence, considering the facts and circumstances and also considering the accusations made against the applicant No.1 namely Nalini Shrinivas Konka and role attributed to her during the occurrence of the incident, I am of the view that there is no necessity of custodial interrogation of the applicant No.1 and hence, present application to the extent of said applicant No.1 namely Nalini Shrinivas Konka can be considered for the grant of anticipatory bail since she has made out a case therefor. 5. In the result, present application is partly to the extent of applicant No.1 namely Nalini Shrinivas Konka and interim protection granted to her by order dated 12.4.2010 stands confirmed and it is directed that, in the event of arrest of said applicant No.1 namely Nalini Shrinivas Konka under C.R. No.I-40/2010, registered at Sangamner City Police Station, District Ahmednagar, she be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing P.R. bond in the like amount, on the following conditions. (i) The said applicant No.1 namely Nalini Shrinivas Konka shall attend the concerned police station as and when required, on 4 written intimation, till the said date and shall cooperate in the investigation. (ii) The said applicant No.1 namely Nalini Shrinivas Konka shall not tamper with the evidence and / or influence upon the witnesses directly/ indirectly. 6. However, present application in respect of applicant Nos.2 to 4 stands dismissed as withdrawn. 7. Needless to say that, the above anticipatory bail granted to said applicant No.1 namely Nalini Shrinivas Konka is till filing of the charge sheet. It is also made clear that the observations made above are prima facie in nature and shall not come in way of any Court while deciding the matter on merits. (SHRIHARI P. DAVARE) JUDGE fmp/cr140010