1 criapln3020-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3020 OF 2011 1] Keshav S/o Narayan Telang 2] Ashok S/o Deorao Kattewar .. APPLICANTS Vs 1] The State of Maha. ...RESPONDENT ... Shri N.S.Ghanekar, Adv.for applicants. Shri S.G.Nandedkar,APP for R-State. ... CORAM : T.V.NALAWADE,J. DATE : 26/07/2011 ORAL ORDER: 1] This application is filed for bail in Crime No.339/10 registered in Bhagyanagar Police station, Dist.Nanded, for offences punishable under Sections 498-A, 306, 304-B r.w. 34 of I.P.C. and U/s 3 and 4 of Dowry Prohibition Act. Papers of investigation were made available by APP. Both sides are heard. 2] Crime is registered on the basis of report given by father of 2 criapln3020-11 deceased. Deceased was a doctor and she was given in marriage to son of applicant no.2 on 1/3/09. Applicant no.2 is a maternal uncle of the husband of the deceased. Allegations are made that the husband and relatives like present applicants were making demand of 50% expenditure which the husband was expected to incur for construction of hospital. Allegations are made that due to this demand, ill-treatment was given to the deceased. Allegations are made that deceased disclosed about the ill-treatment to the complainant and to other relatives and also to her colleagues. Allegations are made that on 16/12/2010, on the last occasion, there was such disclosure made to the complainant by deceased in the presence of the applicants. 3] Daughter of the complainant committed suicide by hanging on 17/12/10 in the house of her husband. Report came to be given on 18/12/10. Post mortem report shows that doctor has given opinion that it is case of hanging and no other injury which can be called as fresh was sustained by deceased on the date of incident except the ligature mark which generally occurs in case of hanging. APP relied on statements of witnesses who include the relatives of deceased from parents side and colleagues of deceased to show that there was some ill-treatment to the deceased. On the other hand ,advocate for applicants relied on one suicide note allegedly left behind by deceased in which she has not blamed anybody. APP submitted that the said suicide note and the admitted hand writing of the deceased has been 3 criapln3020-11 sent to the hand-writing expert and the opinion is not yet received. 4] Applicants are behind bars since 18/12/2010 and 6/2/11 respectively. Charge sheet is filed and the advocate of the applicants submitted that case is also committed to the Court of Sessions. Applicant no.2 is resident of Udgir, District Latur. Though there are some witnesses from the residential place of applicant no.2, only due to the circumstance, in view of the nature of allegations made against applicants and the record collected, applicants cannot be detained in jail till the disposal of the case. So, application is allowed. Both applicants are to be released on bail on their furnishing PR & SB of Rs.15,000/- each. Applicants are not to tamper with prosecution witnesses. [T.V.NALAWADE,J.] umg/criapln3020-11