1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4523 OF 2009 1. Dnyandeo Tukaram Wakchaure, Age-60 years, Occu-Retired, Bank employee 2. Yogesh Dnyandeo Wakchaure, Age-27 years, Occu- Medical Practitioner. Both are R/o.Kalas, Tq.Akole, Dist. Ahmednagar APPLICANTS VERSUS The State of Maharashtra, RESPONDENT Mr.S.T.Shelke, learned counsel for applicants. Mr.Y.M.Kshirsagar, learned APP for respondent State. Mr.P.V.Barde, learned counsel for original complainant (CORAM : A.V.POTDAR, J.) DATE : 18/01/2010 PER COURT : 1. By the present application, the applicants have approached this Court for their release on regular bail in connection with CR No. 139/2009, registered in Akole Police Station of Dist. Ahmednagar for the alleged offence u/s. 498-A, 306 r/w.34 of IPC. 2 2. Heard learned counsel appearing for the applicants followed by the submissions of learned APP appearing for State, and the counsel appearing for the original complainant. 3. Considering the submissions across the bar and on perusal of papers of investigation, it appears that the said complaint came to be lodged by the father of deceased by name Janardan Hase about the suicide committed by his daughter Manisha in the early hours of 09/12/2009. There is an allegation that the said Manisha was harassed by these applicants and other in laws for their demand of Rs.5,00,000/- to start the construction of operation theater and to purchase the X-ray unit. As these demands were not fulfilled, Manisha was harassed which resulted in committing suicide. 4. Perusal of papers of investigation as well as the documents produced alongwith the application discloses that undisputedly the marriage of the 2nd applicant with the victim took place on 19/02/2006. They have a son by name Guru, whose birthday was scheduled on 12/12/2009. Even though it is alleged that there is demand to start the dispensary, the documents produced on record shows that already the dispensary was constructed in the year 2006 itself. To show the financial condition of the first applicant, the father in law of the victim who retired from bank services has invested more than 30 lacs and also holding the landed property, at least prima facie established that the financial condition of these applicants is sound. Whether there is any probability of demand of 3 Rs.5,00,000/- to purchase the X-ray machine and to start the operation theater in the village where the incident occurred is the point for consideration. It is brought to the notice and not under dispute that the 2nd applicant and deceased Manisha both were graduate in B.A.M.S. and were doing practice in the village, having population of 3,000. Then question arose whether in a small village having a population of 3,000 where already the dispensary is constructed and was running a dispensary where the deceased as well as the 2nd applicant were doing their medical practice in Ayurvedic, as the prescription given by the deceased 2 days before her demise is placed on record, which indicates that they are not allowed to start the practice in alopathy. In this background, I do not find any substance at least in absence of any independent evidence. 5. In this connection the applicants were arrested on 10/12/2009. it is to be noted that initially after the dead body of Manisha was recovered, in the inquiry, statement of said complainant Janardan was recorded. At that time, no suspicion or doubt was taken about the demise as suicidal note written by the deceased was found to the father of deceased, on whose complaint, the offence came to be registered on the next day of incident. As the statement of the material witnesses were recorded during the investigation, and since more than 40 days, the applicants were behind bars, I do not feet that further custody of these applicants is warranted. In the premise, case is made out to enlarge the applicants on bail. Hence 4 order : O R D E R 1. Application is allowed. 2. Both the applicants be released on bail on furnishing solvent surety in the sum of Rs.20,000/- each and on executing PR bond in the like amount. 3. After released on bail, the applicants not to leave the local jurisdiction of Akole Police Station without previous permission in writing from the Investigation Officer concerned. 4. After the charge sheet is filed, the applicants may apply for relaxation of this condition. 5. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri-appl-4523-09