IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 40 OF 2009 CRIMINAL APPLICATION NO. 40 OF 2009 CRIMINAL APPLICATION NO. 40 OF 2009 1. Vithal Laxman Balingal, 2. Sharda Vithal Balingal, 3. Vilas Balayya Yemul, 4. Saroja Vilas Yemul ...Applicants vs. The State of Maharashtra ...Respondent WITH CRIMINAL APPLICATION NO. 41 OF 2009 CRIMINAL APPLICATION NO. 41 OF 2009 CRIMINAL APPLICATION NO. 41 OF 2009 1. Yadagiri Rajendra @ Buchirajam Bhairi 2. Raju Rajendra @ Buchirajam Bhairi, 3. Kalavati @ Buchirajam Bhairi, 4. Rajendra @ Buchirajam Roshayya Bhairi 5. Rama Raju Bhairi ...Applicants vs. The State of Maharashtra ...Respondent Appearance in both matters :- Appearance in both matters :- Appearance in both matters :- Mr.V.V. Purwant for the Applicants. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 14, 2009 DATED : JANUARY 14, 2009 DATED : JANUARY 14, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicants. 2. All these applicants are alleged to have committed an offence punishable under Section 302 of the - 2 - IPC. The deceased was the wife of Yadagiri Rajendra @ Buchirajam Bhairi - applicant no.1 in Criminal Application No.41/2009. The others in the said application are the mother-in-law, father-in-law, brother-in-law and his wife. The applicants in Criminal Application No.40/2009 are the sisters-in-law of the deceased and their husbands. 3. The prosecution case is that the deceased had married Yadagiri Buchirajam Bhairi sometime in the year 1995. Two children were born out of the said marriage. It is alleged that he was addicted to country liquor and he used to demand money from the deceased father and on money not being paid, he used to assault the deceased. The other members of the family also used to harass the deceased and she was subjected to physical and mental harassment. The prosecution case is that all the accused poured kerosene on the deceased and set her on fire. 4. Counsel for the applicants submitted that so far as applicants in Criminal Application No.40/2009 are - 3 - concerned, they are married sisters-in-law of the deceased and they are residing separately in their matrimonial houses alongwith their husbands and they are not concerned in any manner with the alleged harassment to the deceased. 5. In my view, it appears that in the dying declaration which is recorded by the police, no reference has been made to the applicants in Criminal Application No.40/2009. None of the witnesses whose statements are recorded have made any allegations against these applicants in Criminal Application No.40/2009 or in respect of the mother-in-law - applicant no.3 in Criminal Application No.41/2009 and applicant no.5 who is the wife of applicant no.2 in the said application. Further, initial complaint was lodged under Section 306 of the IPC and after a lapse of almost one and half month, charge of Section 302 has been added. Under these circumstances, in my view, the applicants in Criminal Application No.40/2009 and applicants no.3 and 5 in Criminal application No.41/2009 are entitled to be granted anticipatory bail. - 4 - 6. In the event, therefore, of the arrest of the applicants in Criminal Application No.40/2009 and applicants no.3 and 5 in Criminal Application No.41/2009 in connection with C.R.No.371/2008 registered at Jail Road Police Station, District Solapur, they shall be released on bail in the sum of Rs.5000/- each with one or two sureties in the like amount. They shall report to the police initially for a period of 3 days on 19th, 20th, 21st January, 2009 between 11 a.m. and 3 p.m. and thereafter, as and when called till the filing of the charge-sheet. These applicants shall be called by the police, if necessary only between 11 a.m. and 3 p.m. 7. The Counsel for the applicants does not press the application for anticipatory bail on behalf of applicants no.1, 2 and 4 in Criminal Application No.41/2009 and seeks liberty to file regular application for bail before the appropriate court. 7. The application, accordingly, is partly allowed - 5 - in the aforesaid terms. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)