(1) CRI.APP. 3578.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3578 OF 2010 Balu S/o Gorakh Gite, Age : 25 years, Occu.: Agri., R/o Gitewadi, Tq. Patoda, District : Beed .. Applicant VERSUS The State of Maharashtra Through Police Inspector, Police Station Patoda, Tq. Patoda Dist. Beed (Copy to be served on P.P. High Court, Aurangabad) .. Respondent Mr. N.L. Jadhav, Advocate for the Applicant Mrs. S.D. Shelke, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 13TH SEPTEMBER, 2010 ORAL ORDER:- 1. This is an Application for bail under section 439 of the Code of Criminal Procedure. 2. The applicant has been arrested and is charge-sheeted for offence under section 498-A, 302 and 201 r/w. 34 of the Indian Penal Code. (2) CRI.APP. 3578.2010 3. The applicant is husband of deceased Smt. Rupali. The FIR lodged by mother of deceased Rupali purports to show that the applicant used to do work as driver at Mumbai. He had not however attended the work for about 4-5 months and used to reside in the native village i.e. Gitewadi. It is alleged that he used to beat deceased Rupali under influence of liquor. It is alleged that he visited house of his in-laws and left deceased Rupali and the minor daughter by name Ishwari at that house. He alone went back to Gitewadi. Her mother again went to village Gitewadi with Smt. Rupali and her minor after one day and reached them to his house. On 17.5.2010 allegedly the applicant contacted the mother-in-law on phone and demanded Rs.50,000/-. She gave amount of Rs.50,000/- to him at Jamkhed. It is alleged that at that time the applicant enquired with the mother- in-law whether Rupali had been to her house. He visited house of the mother-in-law and left at about 9.00 pm. Though, searched here and there, yet Rupali was not found. On 21.5.2010, dead body of Smt. Rupali alongwith minor female daughter was found (3) CRI.APP. 3578.2010 lying in a valley at Sautada (Rameshwar). Therefore, her mother gave FIR. 4. The investigation papers purport to show that there is no direct evidence available against the applicant. It is explicit that the Police recorded statement of one Changdeo Gite and Ashabai Gite about ill-treatment caused to deceased Rupali by the applicant. They narrated before the Police that on 16.5.2010 they had seen the applicant proceeding with the deceased Rupali and the minor daughter on foot at village Dhangar Javlaka. On enquiry he told that they were proceeding to a hospital. The alleged incident took place in the morning time when the said witnesses were going on by road around 8.00 am. – 8.30 am. The post mortem report purports to show that deceased Smt. Rupali had received crush fracture of skull, crush fracture on right shoulder joint and right as well as left elbow joint, fracture of right side mandible and fracture of both knee joints as well as ankle joint. The cause of death is reportedly acute cardio respiratory attack due to (4) CRI.APP. 3578.2010 hypo volcanic shock secondary to the head injury. The internal organs such as thorax and abdomen were found congested with presence of maggots. It is but natural that time of death could not be located. The rigor mortis was absent and the body was found to be totally decomposed. The married woman and the minor girl, no doubt, had fallen in the valley and died un- natural death. However, the versions of the witnesses, in absence of the proper assessment about time of the deaths, may not be of strong potential value to infer that the applicant was last seen with the deceased just before their deaths. They saw him near Dhangarwadi whereas the dead bodies were found in the valley situated in the outskirts of village Sautada (Rameshwar). 5. Considering these aspects, the applicant deserves liberty on certain conditions. 6. In the result, the Application is allowed. The applicant is directed to be released on bail on furnishing of bail bond in sum of Rs.30,000/- with (5) CRI.APP. 3578.2010 one solvent surety to the satisfaction of the Court of Sessions and on further condition that he shall report his presence to the concerned Police Station i.e. Patoda on each Tuesday and Saturday between 10.00 am. to 2.00 pm. and shall not contact any of the prosecution witnesses. He shall not enter village Gitewadi till the trial is over. Sd/- [V.R. KINGAONKAR, J.] arp