* 1 * Cri.Appln-3160-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3160 OF 2010 1. Laxman Nagnath Waghe 2. Rajashree Laxman Waghe ..... Applicants : V E R S U S : The State of Maharashtra [at the instance of Pandharpur Taluka Police Station, Solapur] .....Respondent ********** Mr. Jaydeep D. Mane, Advocate for the applicants. Mr. Y.M. Nakhawa, APP for the respondent­State. CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 2nd SEPTEMBER, 2010. P.C. :­ 1. The applicants in this application have been accused of the offences punishable under Section 306 and 498­A Indian Penal Code in C.R.No.143 of 2010 registered with Pandharpur Taluka Police Station, Solapur alongwith three others in connection with death of one Poonam. * 2 * Cri.Appln-3160-2010 2. Applicant no.1 is the uncle of husband of the deceased and applicant no.2 is his wife. As per the application, applicant no.1 is a physically handicapped person with 80% physical disability. It is the prosecution’s case that the applicants alongwith the husband and parents­in­law of Poonam had been harassing her over money and because of that harassment she committed suicide. The statement of witnesses recorded by the police specifically name the applicants. 3. It is the case of the applicants that Poonam had infact been suffering from “scar epilepsy”. This had been noticed by her husband soon after the marriage. She had suffered four attacks of epilepsy after the marriage and she had been taking treatment for the same. On 20th May, 2010 at 6.00 p.m. Poonam is alleged to have suffered an attack of epilepsy while she was cleaning the utensils and she fell in the water of the container for washing vessels. Her husband on noticing that, immediately pulled her out and saw that there was froth coming from her mouth. He then immediately took her to Dr.Inamdar’s Hospital * 3 * Cri.Appln-3160-2010 and informed about the incident to the father and maternal uncle of Poonam. At the hospital, she was examined and declared dead. On 3rd June, 2010 at the instance of the police Dr.Inamdar informed that Poonam was suffering from “scar epilepsy” and opinied that if patients of “scar epilepsy” suffer fit either while in moving vehicle or near water and fire, it can be dangerous to their life. Considering these facts, prima­facie, the death of Poonam does not appear to be a suicidal death. There is a possibility of accidental death. Hence, the application for anticipatory bail is allowed. In the event of the arrest of the applicants in C.R.No.143 of 2010 registered with Pandharpur Taluka Police Station, Solapur they be released on P.R.Bond of Rs. 10,000/­ each (Rs.Ten Thousand Only) with one surety in the like amount. [SMT. R.P. SONDURBALDOTA, J]