1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5748 OF 2009 1. Mr. Manish Chandrakishor Dube 2. Mr. Sushil Nandlal Yadav .... Applicants. V/s The State of Maharashtra ..... Respondent. Mr. A.M. Saraogi for applicants. Mrs. M.R. Tidake, APP for the State. CORAM: V. M. KANADE, J. DATE : 19TH DECEMBER, 2009 P.C.:- 1. Heard the learned Counsel for applicants and the learned APP for the State. 2. Applicants apprehend arrest in connection with the offence punishable under section 306 read with section 34 of the Indian Penal Code which is registered with Dahisar Police Station vide C.R. No. 389 of 2009. 3. It is alleged that the deceased was working as Legal Adviser and Secretary of a company known as Mumbai City Co-operative Credit Society wherein applicant No.1 is working as a Chairman and applicant No.2 is working as a clerk. It is alleged that applicant No.1 and deceased Vijaya were having extra marital relations and on account of this there were frequent quarrels between applicant No.1 and his 2 wife. On the date of the incident also applicant No.1 had a fight with his wife over his relations with deceased Vijaya. On the said date which happened to be her birth day, she had a lunch with applicant No.1 and, thereafter, she came home, locked herself in a room and committed suicide. Applicant No.1 saw her in that condition and he broke open the door and took her to the hospital where, however, she was declared to be dead by the doctor. 4. The learned APP appearing on behalf of the State has shown me the statement of witnesses which indicate that the deceased was being treated by consulting Psychiatrist for her mental depression and anxiety. Apart from that, there is no other material on record to indicate that the applicants were solely responsible or had abetted the said suicide by deceased Vijaya. Prima facie, therefore, provisions of section 306 are not attracted. Applicants, therefore, in my view, are entitled to get protection under section 438 of the Criminal Procedure Code. 5. Applicants, therefore, in the event of their arrest in connection with the offence punishable under section 306 read with section 34 of the Indian Penal Code which is registered with Dahisar Police Station vide C.R. No.389 of 2009, be released on bail in the sum of Rs 5000/- each with one or two sureties each in the like amount. Applicants, however, shall cooperate with the Police and shall report to the concerned Police Station as and when called and also 3 twice in a month till filing of the charge-sheet and, thereafter, once in a month 6. Application for anticipatory bail is disposed of. (V.M. KANADE, J.)