IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3850 OF 2009 Ganesh Bapu Sonawane ..... ..... ...Applicant V/s The State of Maharashtra ..... ..... ..Respondent. Mr.Shirish Gupte, Sr. Adv. i/by Mr.Ujwal R. Agandsurve, Adv. for the applicant. Mr.H.J.Dedhia, APP for the Respondent. CORAM: A.P.DESHPANDE, J. 4th Sept., 2009. PC: The present applicant has been arrested and is in custody in connection with CR No.7/09 registered with Kala Chowki police station for the offences punishable under sections 306 and 304B of IPC. The applicant was married to the deceased on 19.4.08. According to the FIR lodged by the father of the deceased, the deceased stayed with the family of the present applicant for about 15 days at the native village in Sakri Tahsil district Dhule. The present applicant is a doctor and was then serving with Mumbai Corporation hospital as a doctor. The deceased was also a doctor having passed MBBS and was taking education at Mumbai for M.D. course. The deceased was residing at Mahatma Gandhi Hospital, room No.330 in the ladies hostel. On 16.8.08 the applicant resigned from the job and left for his native place Pimpalner, Taluka Sakri, District Dhule. He had left the service and went to his native place after picking up quarrel with the deceased. According to the FIR the applicant had asked the deceased to bring sum 1 of Rs.25 lacs from her father to set up a hospital. On account of ill treatment and cruelty the wife of the applicant committed suicide. Hence an offence has been registered against the present applicant. During the course of investigation notes written and maintained by the deceased are seized. The prosecution is relying on those notes with a view to point out that the applicant has treated the deceased with cruelty. According to the prosecution the last conversation between the applicant and the deceased had taken place on 19.11.08 on which date the applicant is stated to have abused the deceased in filthy language by calling her a prostitute. Perusal of the said nothings made by the deceased reveals that the relations of the applicant and deceased were strained and when the deceased had phoned the applicant on 19.11.08 he had abused her by saying that instead of doing prostitution business at Parel why is she unnecessarily calling the applicant on telephone. At no place in the said notes written and maintained by the deceased there is any mention of any amount being demanded by the applicant. In regard to the demand of money by the applicant the notings are conspicuously silent. In the submission of the learned counsel for the applicant as the last telephonic conversation between the applicant and the deceased is dated 19.11.08 the case does not at all fall under section 304B of IPC as there has been no alleged cruel treatment soon before the death of the deceased i.e. wife of the applicant. The applicant’s wife has expired on 5.1.09. From the record it does appear that after the applicant left Mumbai on 16.8.08 the applicant and the deceased did not meet in person. However telephonic conversation had taken place in regard to which the deceased has maintained brief notings. Prima facie I am of the view that offence under section 304(B) is not made out. The applicant is in custody since 14.5.09. Having 2 regard to the totality of facts and circumstances and after going through the documents filed along with charge sheet I am of the view that this is a fit case for grant of bail. In the result I pass the following order : The applicant-Ganesh Bapu Sonawane shall be released on bail on executing personal bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount. The applicant shall attend concerned police station once in every fortnight on alternate Saturdays between 4.00 to 8.00 p.m. Till completion of the trial. Application stands disposed of. 04.09.2009. 3