1 Criminal Application No.5438/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.5438 OF 2010 Atish s/o Ashok Gawali ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri S.G. Ladda, Advocate for applicant shri K.M. Suryawanshi, A.P.P. for respondents ..... CORAM : K.U. CHANDIWAL, J. DATE : 13th January, 2011 PER COURT : 1. Heard. Alleged illicit relations of the accused/ applicant and demand of dowry gave rise to the events of Deepali committing suicide in the morning of 11.11.2010 with her two children. Based on F.I.R. of her father, the accused was taken in custody on 15.11.2010. 2. The counsel submits that, even if there was some bickering, there is nothing to illustrate that, from the festive of Rakhi Pournima till 11.11.2010 any such untoward event has taken place, which would illustrate live link to the affairs forcing deceased to commit suicide. Any quarrel, according to him cannot be a point to extract provisions of Section 306 of the Indian Penal Code, the long detention of 58 days and no incriminating items having been recovered, does not warrant custody. 3. The deceased had, under the extreme mental pressure and 2 Criminal Application No.5438/2010 situation, lastly phoned her brother on 11.11.2010, seeking a shelter/ umbrella to save from clutches of her husband, she informed that it was her last call, as she was required to face extreme cruelty at her in-laws, she disconnected the phone. Thereafter the complainant received phone call from the husband, informing that Deepali with her two kids has gone away from the house, everybody was searching her, but she could not be traced. 4. The unfortunate Deepali had her dead body with her two children, a son and the daughter, seen in the well at Turkabad on 11.11.2010, the perversity that has been projected from the conduct of the accused, the husband, prima facie illustrate infraction of Section 306 of the Indian Penal Code, giving rise to abetment as defined under Section 107 of the Indian Penal Code. It was the so called illicit relations of the accused/ applicant, harassment and mental torture meet to the victim, she was forced to take toll of her life. These events will not call for any leniency to the accused at this stage to release him on bail. Application rejected. 4. Liberty to move after charge sheet. K.U. CHANDIWAL JUDGE fmp/cri5438.10