(1) CRI.APP. 4219.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4219 OF 2010 Murli S/o Tukaram Waghmare, Age : 24 years, Occu.: Labour, R/o. Halni, Tq. Ahmadpur, Dist. Latur .. Applicant VERSUS The State of Maharashtra Through Police Station Ahmadpur, Tq. Ahmadpur, Dist. Latur, (Copy to be served on Public Prosecutor High Court of Bombay, Bench at Aurangabad) .. Respondent ... Mr. T.J. Poul, Advocate for the Applicant Mr. B.J. Sonawane, APP for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 15TH NOVEMBER, 2010 ORAL ORDER:- 1. This is Application for bail. 2. The applicant is husband of deceased Renuka. Their marriage was performed on 8.6.2009. The FIR purports to show that the complainant, who happens to be father of deceased Renuka had given dowry amount of Rs.50,000/- alongwith two tolas of gold and domestic articles at the time of the marriage. It is (2) CRI.APP. 4219.2010 alleged that she was being ill-treated and harassed by the husband and his relatives. He was demanding Rs.50,000/- to purchase auto-rickshaw. The complainant could not pay the amount. The ill- treatment of Renuka was thereafter enhanced. Though, the applicant was requested to give up such ill- treatment, yet it was of of no avail. He lateron informed the relatives of deceased Renuka that she had died due to sudden attack. Her father and other relatives went to the house of the applicant. They noticed injuries around her neck and therefore FIR was lodged. The post-mortem examination reveal that Renuka died of strangulation. 3. Heard learned Advocate for the applicant and learned APP. Perused the investigation papers. The chargesheet is already filed after due investigation. The death of Renuka occurred on 9.3.2010 i.e. within about 9-10 months of the marriage. The death occurred within the four walls of the matrimonial house. The applicant's conduct is worthy to be noticed. He did not give any report about the death of Renuka. On the contrary, he gave false (3) CRI.APP. 4219.2010 information about cause of her death being sudden heart-attack. It is not his case that he was absent from the matrimonial house when the death of Renuka occurred. It appears from the investigation papers that Renuka had informed Balasaheb Shelke, a kirana shop keeper from mobile phone of the applicant that the applicant and her in-laws were threatening her to cause her death. 4. Considering the sequence of events and the cause of death of Renuka as well as conduct of the applicant, it prima facie appears that there are strong circumstances to infer his guilt in the context of the offence of dowry death. Added to this, there is presumption available under section 113-B of the Evidence Act and as such this is not a fit case wherein the applicant can be granted bail. Application is dismissed. Sd/- [V. R. KINGAONKAR, J.] arp