1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3181 OF 2009 1. Shivaji Ghangdeo Galgunde 2. Changadeo Bhanudas Galgunde 3. Sitabai Changadeo Galgunde ....... Applicants versus The State of Maharashtra ........Respondent. Mr. Jaydeep D. Mane adv. for the Applicant Mr. H.J. Dedhia APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 15th September,2009. P. C.: 1. The learned counsel for the applicant does not press the application for applicant nos.1 and 2 whereas presses this application for applicant no.3. 2. This is an application moved by the applicants under section 439 of Cr.P.C. for bail. The applicants are arrested in connection with offence punishable under sections 306, 498-A, 323 read with 34 of IPC registered at C.R. No. 53/09 of Tembhurni police station. The applicant no.1 is the son of applicant nos. 2 and 3. He was married to the deceased on 9-3-2009. However the wife of the applicant no.1 died on account of drowning on 14-4-2009 i.e. within 35 days of marriage. The deceased was initially reported to 2 have accidentally fallen in the well and died hence A.D. report was filed. However the complaint was lodged on 21-4-2009 by the father of the deceased and the present offence came to be registered. On perusal of the statement of the father of the deceased, it is revealed that after initial period of 15 days she was ill-treated and was meted out physical and mental cruelty. She being fed up with the ill-treatment she committed suicide. The learned counsel for the applicant has submitted that even if the complaint of the father is taken to be true then also the deceased had stayed in the company of the present applicants hardly for 20 days, during which period she was allegedly subjected to cruel treatment. In his submission, it would be wholely improbable for anyone to ill-treat a newly wedded girl and drive her to commit suicide within a period of twenty days. He has pointed out that so far as the present applicant no.3 is concerned the only allegation is that on trifle issue the applicant no.3 used to abuse the deceased and had demanded money. No other overt act is attributed to applicant no.3. 3. The learned counsel then submitted that the applicants no. 2 and 3 have one more child by name Tanaji who is handicapped and there is no one else in the family to look after him. It is also submitted that presently he is being looked after by the acquaintance of the applicant in the village. The applicant no.3 is in custody since 25-5-2009 i.e. almost for a period of four months. The charge sheet has been filed and investigation is complete. According to the learned counsel for the applicant no useful 3 purpose would be served by keeping the applicant no.3 in detention. In that view of the matter and having regard to the totality of the facts and circumstances, I am of the view that the applicant no.3 is entitled to be released on bail as she is a woman and has to look after her another son by name Tanaji who is having a physical handicap. 4. In the result, the application of applicant nos.1 and 2 is not pressed and hence stands rejected. However liberty is granted to the applicant nos.1 and 2 to move fresh application after a period of three months. 5. The applicant no.3 shall be released on bail on executing personal bond in the sum of Rs. 10,000/- with one or two sureties in the like amount. The applicant shall attend the police station as and when so directed by the investigating officer. (A. P. Deshpande, J.)