Ladda 1 aba-219-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No.219 of 2011 Sakhahari Bandu Dhone ..Applicant. Versus The State of Maharashtra ..Respondent. WITH CRIMINAL APPLICATION No.221 of 2011 Janardhan Bapu Fale .. Applicant. versus State of Maharashtra .. Respondent. Mr A.P. Mundargi, Sr Advocate with Siddharth Karpe and Vishwajeet V. Mohite i/by Y.K.S.Legal for applicant in ABA No. 219 of 20011 Shri A.S.Khandeparkar i/by Khandeparkar & Asso. for applicant in ABA No. 221/2011 Shri J. P. Kharge A.P.P. in ABA No.219/2011 Shri Y.M.Nakhwa, A.P.No. 221 of 2011 CORAM:- A.R.JOSHI, J. DATED:- 15th March 2011. P.C. 1. Heard rival submissions for some time on these both applications preferred by both the applicants apprehending their arrest in the matter of C.R. No.5 of 2011 registered with Sawanwadi Police Station for the Ladda 2 aba-219-11 offence under Section 306 read with Section 34 of the Indian Penal Code. 2. Apparently, the case of the investigation is based only on the alleged ‘suicide note without any date’ but having the month and year as January, 2011, allegedly written by the deceased Devendra Sadanand Naik. Said Devendra Naik was working as Circle Agricultural Officer,Vengurle, earlier working at SaWandwadi during the period from 2000 to 2007 and thereafter was transferred to Vengurle Office on the same post from 2007 till fateful day i.e. 6th January, 2011. On 6th January, 2011 said Devendra Naik apparently consumed some rat poison and was immediately removed to the nearby hospital/clinic. However, prior to any medical assistance given to him, he succumbed to the poison. 3. A.D.R, was registered on the information from the relative, brother in law of the deceased. Thereafter, on 10th January, 2011 son of the deceased found with one note purported to be under the hand writing of the deceased in the cup board from the residence of the deceased. It was brought to the Investigating Officer and on the strength of said note, brother of the deceased lodged the F.I.R. asking for action to be taken against the present applicants for offence punishable under Section 306 read with Section 34 of the Indian Penal Ladda 3 aba-219-11 Code. 4. Insofar as the applicant in Application No. 219 of 2011 is concerned, he was the Superior Officer of the deceased from the year November, 2009 till the incident. Only allegations against him in the suicidal note is that he was making mockery of the deceased when the deceased was proclaiming to go on hunger strike on account of some disturbances in the office working and on account of the treatment given to him by the superiors. 5. Insofar as the applicant in Application No. 221 of 2011 is concerned, said applicant was superior of the deceased since the year 2005 till 2007 and during that time allegedly the said applicant had not forwarded the leave record of the deceased to the higher office and as such the service book remained incomplete without any such endorsement for the leave. Allegedly, due to such action on the part of this applicant, the deceased could not get the pay and thus his family members suffered. 6. Admittedly, entire investigation and the case of the prosecution is based on this suicide note. Without going into the aspects of genuineness or otherwise of the said note, though it is accepted such were the contents of the said suicide note, still it will be very far fetching to consider the said allegations so as to attract the rigor of Ladda 4 aba-219-11 Section 306 of the I.P.C. Even, at this stage, considering the applications for anticipatory bail and considering the allegation against the applicants, in the opinion of this Court, discretionary relief can be granted in favour of both the applicants on certain conditions. Hence, the following order. ORDER: (a) Both the application Nos.219/2011 and 221/2011 are allowed. (b) In the event of arrest of the respective applicants in C.R.No. 5 of 2011 of Sawantwadi Police Station, they shall be released on bail on their executing personal bonds for the sum of Rs. 15,000/-each with one surety each for the like amount. (c) In the event of arrest and on availing of the bail, the applicants shall attend concerned Police Station, once in a week on every Sunday between 10-00 a.m. to 12-00 noon and shall co-operate with the Investigating Agency, for the period of two months. Both the applications are disposed of. (A.R.JOSHI, J.)