1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3268 OF 2010 1. Babasaheb @ Deelip S/o Baburao Zagare 2. Meena W/o Raju Tusambad Both R/o Anand Nagar, Garkheda Parisar, Aurangabad. ..APPLICANT -VERSUS- The State of Maharashtra and another ..RESPONDENTS ......... Mr. N.S. Ghanekar, advocate for applicants. Mrs. S.D. Shelke, A.P.P. for respondents. ........ (CORAM : V.R.KINGAONKAR,J.) DATE : 3rd September, 2010. PER COURT : 1. This is an application under Section 438 of the Criminal Procedure Code. 2. The applicants apprehend their arrest in connection with Crime No.I-264/2010 registered at Mukundwadi Police Station for the offence under Sections 306, 323, 504 r/w 34 of the Indian Penal Code. 3. The incident giving rise to F.I.R. lodged by Ramesh 2 Mogal is said to have occurred on 08.08.2010. He alleges that he and his wife by name Sangita were in other house in the relevant evening when two persons known to him, by name Arjun Pandit and Mahavir Lovhade visited his house in connection with some L.I.C. work. While they were leaving the house at about 7.30 p.m., the applicants intercepted them and inquired with them why they had gone to house of the informant-Ramesh Mogal. The applicants started beating both of them by means of kicks and fists. So, Ramesh Mogal and his deceased wife-Sangita rushed there in order to intervene. When they asked the applicants as to why the visitors were being beaten up, the applicants told that deceased Sangita was indulging in prostitution. She refuted the charge and said that they shall go away. She further told them that if they will not leave the place, she will pour kerosene on her person and will immolate herself. They told her to get herself immolated and die. She immediately went inside the house, doused herself with kerosene and set fire to her person. She suffered extensive burn injuries and died on the next day in the hospital. 4. Heard learned Counsel for the applicants and the learned A.P.P. I have gone through the investigation papers, which were made temporarily available during the hearing of the application. 3 5. It is pertinent to notice that the injured Smt.Sangita was admitted in the hospital in the same evening. There is no reason to discard the medical evidence which shows that she died of 90% burn injuries sustained by her. There is also prima facie evidence to show that the applicants attributed the charge of prostitute to deceased Smt.Sangita and immediately thereafter she committed the ghastly act of self immolation. 6. F.I.R. prima facie shows that the applicants started beating two visitors, and therefore, the informant Ramesh and his wife went to intervene. The statements of Arjun Pandit and Mahavir Lovhade would show that the incident occurred in the manner as stated by the informant. 7. It is amply clear that there is no prior enmity between the applicants and deceased Sangita and her husband Ramesh Mogal. The applicants are residing in the same locality i.e. Anand Nagar in which informant Ramesh Mogal is residing along with his family members. What prima facie appears from the record is that the applicants had developed suspicion or that they had some information that deceased Sangita was indulging in business of prostitution. Instead of confronting them about the suspicion, they 4 attempted to threaten the two visitors to whom they suspected to be the customers. There is no doubt about the fact that the incident is of unfortunate nature. Still, however, the conduct and the acts of the applicants do not show that they intentionally aided deceased Smt.Sangita in the commission of her suicide. She herself told them that she would pour kerosene on her person and would set herself on fire, if they will not go away. They told her to do so but there is no material to infer that they had instigated her to cause self immolation, for the purpose of attracting Section 306 of Indian Penal Code. The necessary concomitants of Section 107 of the Indian Penal Code are required to be prima facie established. The F.I.R itself shows that deceased Smt.Sangita was unable to bear the insult and in the wake of annoyance, she had immolated herself after entering her residential house. In other words, she indulged in tantrums and the applicants only told her that she may immolate herself and die. Mere utterances of such kind may not prima facie attract Section 306 of the Indian Penal Code. The F.I.R. does not show who amongst the applicants uttered such words. Nor it is inferable as to how and in what manner there was sharing of common intention by the applicants. 8. Considering the foregoing reasons, ad-interim bail granted to the applicants is confirmed on further condition that the 5 applicants shall attend the Mukundwadi Police Station on each Thursday and Saturday between 10 a.m. to 2 p.m. and shall co- operate with the investigation and shall not tamper with the prosecution witnesses. The anticipatory bail order will come to an end on filing of the charge sheet. The applicants are not entitled for any further protection after filing of charge sheet and will have to apply for regular bail in due course of time as and when the charge sheet is filed. (V.R.KINGAONKAR) JUDGE gas/cri3268.10