1 Appln 4958-10 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4958 OF 2010 Prasad Ratnakar Jade & ors ..Applicants V/s. The State of Maharashtra ..Respondent Mr.Mangesh Deshmukh & Mr.Arjun Kode, Advocate, for the Applicants Mrs.P.P.Shinde, APP, for the Respondent - State CORAM : R.C.CHAVAN, J. DATE : 30TH NOVEMBER, 2010 P.C. . Heard the learned Counsel for the respective parties. 2. This is an application for anticipatory bail by husband, parents-in-law and sister-in-law of the victim, who apprehend arrest in connection with C.R.No.457 of 2010 registered with Haveli Police Station, Pune. 2 Appln 4958-10 3. The learned Counsel for the applicants sought to rely on certain Judgments to support his case and was told that there can be no case law as far as grant of anticipatory bail is concerned. The learned Counsel for the applicants submitted that applicant No.1 Prasad, victim's husband, was staying away from the victim for months together because he had to undertake tours and there was no question of his ill treating the victim. He next submitted that applicant Nos.2 & 3, parents-in-law are staying at Ahmednagar and they were not staying with the victim and therefore, there is no question of ill treatment by them. He further submitted that applicant No.4, Rashmi, who is Doctor by profession was taking education at Kolhapur. Therefore, there is no question of ill treatment by her as well. Therefore, according to him, none of the applicant has caused any ill treatment to the victim which could lead to victim's suicide. 3 Appln 4958-10 4. The learned APP submitted that the victim has left suicide note in which the victim has described the treatment given to the victim by the applicants. The learned Counsel for the applicants has an objection to considering this suicide note because it was produced four days after it was found by the Complainant. This would have to be looked into at the trial. Prima facie, there is a note which describes the treatment given by the applicants to the victim. However, even note puts the blame mainly on applicant No.1 Prasad. It is stated that applicant No.2 has been instigating Prasad and making Prasad quarrel with the victim. It is stated that applicant No.3 used to treat the victim as maid servant. This may amount to cruelty for the purpose of Section 498A of the Indian Penal Code. In any case, since applicant Nos. 2 & 3 were residing at Ahmednagar, their being in custody for the purpose of investigation may not be necessary. 4 Appln 4958-10 5. The learned APP states that applicant No.1 Prasad was ill treating the victim in the past and a complaint was made to the police on which an entry in the register of non- cognizable cases has been taken. The victim had also been sent for medical examination and was found to have some injury. After this, applicant No.1 Prasad had executed a document stating that he would treat her properly and would take whole responsibility for the life of the victim. Then this incident taken place. 6. In this background, applicant No.1 Prasad is not entitled to anticipatory bail. His application is rejected. In so far as applicant Nos.2 to 4 are concerned, in the event of their arrest, they be released on bail on their furnishing P.R.Bond of Rs. 50,000/- each with one or more solvent sureties in the like amount of Rs.50,000/- per person on the following conditions. 5 Appln 4958-10 (i) The applicants shall report at the Haveli Police Station, Pune for interrogation on 3rd December, 2010 at 10.00 a.m. and thereafter, as and when required by the investigating officer. (ii) The applicants shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. (iii) The applicants shall not leave India without the previous permission of the Court. . This order shall remain in force till charge sheet is filed. Thereafter, applicant Nos.2 to 4 may apply for regular bail before the appropriate Court. (R.C.CHAVAN, J.)