1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1084 OF 2010 Shri. Sadashiv Bhimrao Ajarekar and anr. ..Applicants. Vs. State of Maharashtra. ..Respondent. Mrs. Teja Katdare for the Applicants. Mr.Y. S. Shinde, APP for the State. CORAM : R.S. MOHITE, J. DATE : 19th March, 2010 PC : 1 This is an application for grant of anticipatory bail. The applicants are shown as accused Nos. 3 and 4 in FIR No.140/2010 registered by Kalwa Police Station for alleged offence under Sections 498A and 306 read with 34 of the I.P.C. The applicant No.1 is father in law of the deceased Kavita and the applicant No.2 is her mother in law. Admitted position is that the marriage between the son of the applicants by name 2 Prasad took place on 4.11.2006. There is a history of acrimony. Deceased Kavita left her matrimonial home on 4.7.2007 and thereafter she filed matrimonial petition No.135/2008 for restitution of conjugal rights which came to be withdrawn. On 5.6.2009, she went back to her matrimonial home but the disputes continued between her and her family of the husband. Ultimately, she again left the house and committed suicide by hanging herself on 29.1.2010. It is contended that in the FIR there is a reference of demand of dowry. In the marriage petition filed by deceased-Kavita there is no reference of demand of dowry. It is also contended that there is no mention in matrimonial petition about the harassment by father in law. I find from the record that there is a consistent mentioning of harassment by her mother in law and her harassment was such an extent that Kavita ultimately concluded that she had no option but to commit suicide. She had mentioned this fact in the suicide note which she has left back. Taking over 3 consideration over all circumstances, I find that as there is no mention of harassment at the hands of the father in law and therefore, investigation can continue without his custodial interrogation. However, in so far as mother in law is concerned, since there is a record to show that she was harassing the deceased-Kavita, in my view, her custodial interrogation is necessary. In the circumstances, application is partly allowed in so far as applicant No.1 is concerned and application is dismissed in so far as respondent No.2 is concerned. As far as applicant No.1, on his arrested he may be released on bail in the sum of Rs.10,000/- with one surety in the like amount subject to the condition that he will report to the Investigating Officer as and when called by the I.O. in writing. Application is disposed off. It is made clear that the observations made in this order will not be used either at the stage of regular bail or at the time of final hearing. Surety may be furnished within two weeks from today. In the mean 4 while, on furnishing cash security of Rs.10,000/,- the applicant No.1 may be released on bail and the same will come to an end after the period of two weeks from today. ( R.S. MOHITE, J.)