1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3575 OF 2009 Sou. Brijlma Shamsunedar Sharma & ors........ Applicant versus The State of Maharashtra ........Respondent. Mr. G.M. Savagave adv. for the Applicant Mrs. P.P. Shinde APP. for the Respondent/State. CORAM: A. P DESHPANDE, J. DATED : 14th August, 2009. P. C.: 1. Apprehending arrest in C.R. No. 137/09 registered at Barshi police station. District Solapur for an offence punishable under section 498-A, 304-B, 323, 504, 506 read with 34 of IPC, the present application has been filed under section 438 of Cr.P.C. claiming anticipatory bail. The applicant no.1’s son by name Bablu @ Naresh Sharma who happens to be the brother of applicant nos. 2 and 3 had married one Gudia the daughter of the complainant who died within five years of marriage. It has come on record that the deceased was suffering from HIV positive and was undergoing treatment at some hospital. A copy of the advance certificate of post mortum is placed on record dated 2 nd July 2009 which indicates that the cause of death of the deceased 2 was T.B. In that view of the matter, the learned counsel for the applicant submits that section 304-B has no application to the facts of the present case as the deceased did not die of any burns, bodily injury or otherwise than under normal circumstances which constitute one of the ingredients for attracting section 304-B. It is submitted that the death was on account of ailment and hence cannot be said to have been caused `otherwise in normal circumstances’. Perusal of the complaint reveals that the present applicant no.3 who happens to be the sister of the husband of the deceased was instrumental in settling the marriage and was in know of poor financial condition of the family of the deceased. It is seen from the complaint that all the family members including the husband, father in law, mother in law, two sisters, their husbands so also the brother of Bablu are said to have ill-treated the deceased. The learned counsel for the applicant has submitted that four male members of the family are already arrested and they are in judicial custody. The present applicants are women and are the mother and sisters of the husband. It is categorically averred that applicant nos. 2 and 3 both are married and are residing along with their husband at a different place in Barshi. After the marriage they have never resided with the family of their parents. Prima facie it appears to be very unlikely that the applicant nos.2 and 3 who are married sisters of the husband of the deceased would ill-treat the deceased as they were living separately. Be that as it may, I am of the clear view that the present applicants are entitled to be released in the event of their 3 arrest, more so when four male members of the family are already arrested and are in custody. Hence I pass the following order. 4. In the event of arrest of the applicants or any of them in C.R. No.137/09 registered at Barshi police station, District Solapur for an offence punishable under section 498-A, 304-B, 323, 504, 506 read with 34 of IPC, they or any of them shall be released on bail on executing personal bond in the sum of Rs. 10,000/- each with one or two sureties in the like amount. The applicant shall abide by the conditions stipulated under section 438(2) of Cr.P.C. (A. P. Deshpande, J.)