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. 660 OF 2009 CRIMINAL APPLICATION NO. 660 OF 2009 CRIMINAL APPLICATION NO. 660 OF 2009 Shri Sachin Radhakishan Bhansali ...Applicant vs. The State of Maharashtra ...Respondent Mr.J.Shekhar i/b. M/s.J.Shekhar & Co. for the Applicant. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 11, 2009 DATED : FEBRUARY 11, 2009 DATED : FEBRUARY 11, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. This is an application for anticipatory bail filed by the applicant against whom a complaint has been filed under Sections 306 and 498A of the IPC. It is alleged in the complaint that the applicant used to harass the deceased wife and insist that she should earn some income and at the same time, used to remain away from the house. In the complaint, it is alleged that the deceased consumed poison and died. 3. It is submitted that the custodial interrogation - 2 - of the applicant is not necessary. It is further submitted that even if the complaint filed by the complainant is accepted at its face value, even then it could not be said that the applicant had in any manner abetted or instigated the deceased in committing the suicide. It it submitted that the applicant merely had told the deceased to do whatever she wanted and thereafter, the deceased had gone to the kitchen and had consumed the poisonous substance and had become unconscious. An application was filed in the Sessions Court. Interim bail, however, was not granted by the Sessions Court and therefore, this application has been filed for anticipatory bail. 4. In my view, no case is made out for grant of anticipatory bail in this case, particularly when the allegations in the complaint is that he had committed the offence under Sections 306 and 498A. In my view, the custodial interrogation is necessary in view of the statement and the investigation is still in progress. The Doctor who was called by the applicant found that the deceased was unconscious and thereafter, he had - 3 - shifted her to the hospital where she did not respond to the treatment and died. The Post Mortem notes indicate that the cause of death was due to consumption of a poisonous substance. It will have to be seen whether the poisonous substance was consumed by the deceased or was administered by the applicant. 5. The application, therefore, for anticipatory bail is rejected. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)