1 ABA 516.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 516 OF 2011 Mr. Ravindra Kashinath Mundhe. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. V.N. Tayade for the Applicant. Mrs. R.V. Newton for the State. CORAM : A.M. THIPSAY, J. DATED : 17th JUNE 2011. P.C. :- Heard. 2. Investigating Officer is not present but after having gone through the bail application and the annexures thereto, I do not find any necessity of adjourning the matter just because the Investigating Officer is absent. 3. I have gone through the FIR. It appears that the Applicant and the victim Sonali were in love. However, the Applicant refused to marry Sonali. The Applicant is said to have told Sonali that if he would marry her, his father - co- accused Kashinath Mundhe - would not give his property to the Applicant and that, therefore, the Applicant was unable to 2 ABA 516.11.sxw marry her. Sonali committed suicide and in the suicide note left by her, she claimed that because of the refusal of the Applicant to marry her, she was committing suicide; and that, for her death, the Applicant and his father - the co-accused - were responsible. 4. Even if it is accepted that Sonali committed suicide because the Applicant refused to marry her, it would need serious consideration as to whether by refusing to marry her, the Applicant can be said to have abetted the commission of suicide by Sonali. The concept of abatement requires an intention on the part of the abettor that the act abetted, should be committed. These aspects will have to be gone into during the trial of the case against the Applicant. 5. The co-accused has already been released on bail. 6. Considering the nature of allegation against the Applicant, and since his detention does not appear to be necessary for the purpose of investigation, I think it fit to grant anticipatory bail to him. 7. In the event of his arrest, the Applicant be released on bail in the sum of Rs.20,000/- with one surety in like amount, on the condition to attend the concerned Police Station and make himself available for investigation/interrogation, as and when required by the Investigating Officer. (A.M. THIPSAY,J.) 3 ABA 516.11.sxw