1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 135 of 2008 Natha Lakha Chavan .. Applicant versus State of Maharashtra .. Respondent ... Mr.A.P. Mundargi i/b Sagar Kasar for the applicant. Mrs.M.M. Deshmukh APP for the State. CORAM : D.G.KARNIK, J DATED : 20th February 2008 P.C.: 1. Heard. 2. By this application, the applicant seeks pre-arrest bail in connection with the offence registered with Jaikheda police station under C.R. No.126 of 2007 punishable under sections 498A, 302, 506 r/w section 34 of the IPC. 2 3. The prosecution case in short is that Sangeeta, daughter of Babibai Uttam Pardhi (the complainant) was married to Santosh Dabhade. Santosh was ill-treating her and finally on 22nd December 2007, she was burnt alive by Santosh. She was brought to the hospital where mother of Santosh and the applicant told her not to make any complaint to anybody or else no medical treatment would be given to her. The applicant who, is the police constable, also threatened Sangeeta by saying that Santosh was his mentor and he would save him, in any manner. 4. There is no charge against the applicant that he committed or aided or abated the murder of Sangeeta. There is no evidence that he was a party to the alleged ill-treatment to Sangeeta. In the circumstances, in my view, section 498-A and section 302 are not prima facie attracted qua the applicant. The only offence against him is punishable u/s.506 of the IPC which is bailable. In the circumstances, applicant is entitled to pre-arrest bail. Hence, I pass the following order:- O R D E R O R D E R O R D E R 3 . In the event of arrest of the applicant, in connection with Crime No. 126 of 2007 registered with Jaikheda police station, the applicant shall be released on bail on personal bond of Rs.15,000/- with two sureties of like amount subject to the condition that the applicant shall not use his official position and shall not tamper with the prosecution evidence. This order shall come to an end after charge-sheet is filed whereupon the applicant may, if he so desires, apply to the appropriate court for regular bail. (D.G.KARNIK, J)