(1) CRI.APP. 3641.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3641 OF 2010 1. Ganesh Haribhau Waghmare, Age : 22 years, Occu.: Agri., 2. Pushpabai Haribhau Waghmare, Age : 40 years, Occu.: Agri., 3. Haribhau Shankar Waghmare, Age : 45 years, Occu.: Agri., All R/o Indhiranagar, Zopadpatti, Pathardi, Tq. Pathardi, Dist. Ahmednagar .. Applicants VERSUS The State of Maharashtra (Copy served on the Public Prosecutor, High Court, Bench at Aurangabad) .. Respondent Mr. Joydeep Chatterji, Advocate for the Applicants Mrs. B.R. Khekale, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 30TH SEPTEMBER, 2010 ORAL ORDER:- 1. This is an Application for bail under section 439 of the Code of Criminal Procedure. 2. Heard learned Advocate for the applicants and learned APP. (2) CRI.APP. 3641.2010 3. The investigation is completed and the applicants have been charge-sheeted for offences punishable under section 304-B, 498-A, 323, 504 and 506 of the Indian Penal Code. The applicant no.1 is husband and the applicants no.2 and 3 are the in-laws of deceased Ashwini. The marriage between applicant no.1 and deceased Ashwini was performed somewhere in the month of August, 2009. Allegedly, amount of Rs.40,000/- was settled as dowry. Father of the deceased could not pay the entire dowry amount. Allegedly, deceased Smt. Ashwini was being subjected to matrimonial cruelty due to non-payment of Rs.20,000/- which was unpaid dowry amount. She used to tell her parents about the ill-treatment meted out to her by the applicants. On 1.6.2010 she contacted Rohidas Adagale on mobile phone and asked him to communicate her father that she was being beaten by the applicants and, therefore, remaining amount of the dowry shall be immediately sent because she was unable to bear the trouble any more. She committed suicide by self-immolation. (3) CRI.APP. 3641.2010 4. The informant and his son appears to have given omnibus statements about the matrimonial cruelty meted and the phone call received by said Rohidas Janardhan Adagale. Immediate conduct of deceased Smt. Ashwini is, however, more significant. The Police statement of Smt. Manisha and Santosh Udmale and Raju Nangre prima facie show that though enquired Smt. Ashwini did not give any reason as to why she committed self-immolation. It appears further that the in-laws of deceased Smt. Ashwini accompanied her in the ambulance when she was transported to Civil Hospital at Ahmednagar. They are inhabitants of the same locality. Their versions do not show that deceased Smt. Ashwini was being beaten up or ill-treated in the matrimonial home. Considering these attending circumstances, and particularly when the chargesheet is already filed, the applicants deserve liberty on certain conditions. 5. In the result, the Application is allowed. The applicants are directed to be released on bail on (4) CRI.APP. 3641.2010 furnishing of bail bonds in sum of Rs.20,000/- (Rs. Twenty Thousand) each with one solvent surety each to the satisfaction of the Court of Sessions and on condition that they shall not contact any of the prosecution witness and shall make no attempt to tamper with the evidence of the prosecution. Application disposed of. Sd/- [V.R. KINGAONKAR, J.] arp