( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3290 OF 2010 Baburao s/o Yadavrao Padile, R/o House of Mr. Ganpat Wadkar, Shiv Nagar, Udgir, Tq. Udgir, District Latur. APPLICANT VERSUS The State of Maharashtra, through the Officer Incharge of Police Station, Chakur, Tq. Chakur, District Latur. RESPONDENT .... Mr. B.R. Kedar, advocate for the applicant. Mr. B.J. Sonawane, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 7th September, 2010] PER COURT : 1. This is an application for bail. 2. The applicant is arrested in connection with crime No. 120/2010, registered at Chakur Police Station, for the offence punishable under section 302 and 498A of the I.P. Code. ( 2 ) 3. Heard learned advocate for the applicant and learned A.P.P. Perused the investigation papers which were temporarily made available during the course of hearing. 4. The marriage between deceased Kanchan and son of the applicant, by name, Balaji Padile was performed on 19th May, 1995. It appears that she was ill-treated and allegedly, in or about 2006, she had filed a report at Chakur Police Station. However, the relatives of deceased Kanchan intervened and thereafter, she went back to cohabit with her husband - Balaji Padile after her father gave Rs. 25,000/- and one (1) tola of gold to them. It is alleged that she was again ill-treated and illegal demands were being made from her. Her brother came to know by telephonic communication that on 22nd June, 2010, Kanchan was beaten up by the members of her matrimonial family. He went to village Ujalamb alongwith his mother and uncle, etc. They noticed a grievous injury on her head, injuries on her neck and found that she was no more. 5. The investigation papers prima facie indicate that the applicant used to reside at Udgir. He is a school teacher. The police station of Bapurao Pitle shows that the ( 3 ) applicant alongwith his wife Bhamabai and their grand-children resided at Udgir. Thus, it prima facie appears that in the farmhouse, deceased Smt. Kanchan and her husband were the only inmates. Though version of Rajaram Jadhav prima facie shows that he had received information from Balaji that the applicant had been to the village farmhouse, yet, such information is of hearsay nature and without corroboration. There is no other independent evidence to infer that the applicant was present in the farmhouse during the relevant night of 21st June, 2010. It is not necessary to analyze the evidence or to make any critical comment on the credibility of the witnesses at this premature stage. Suffice it to say, the material on record prima facie indicates that the applicant may not be guilty of the offence punishable with death or imprisonment for life. 6. In view of foregoing discussion, the application is allowed. The applicant is directed to be released on bail on furnishing bail bonds in sum of Rs. 25,000/- (rupees twenty five thousand) with one solvent surety, to be furnished before the Court of Sessions, and on condition that he will not contact any of the prosecution witnesses and will not try to tamper with the prosecution evidence. He shall attend the ( 4 ) concerned Police Station on each Tuesday and Saturday between 6 p.m. and 8 p.m. and shall cooperative with the police during the investigation until the chargesheet is filed. [V.R. KINGAONKAR] JUDGE NPJ/criapln3290-2010