1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4183 OF 2010 1. Sundar s/o Ratan Patole, Age 32 years, Occu.Labour R/o Mahalasjawala, Tq. and District Beed 2. Balnath s/o Ratan Patole, Age 26 years, Occu. & R/o As above 3. Babasaheb s/o Ratan Patole, Age 19 years, Occu. & R/o As above 4. Santosh s/o Ratan Patole, Age 26 years, Occu. & R/o As above .. Applicants Versus The State of Maharashtra through Police Inspector, Pimpalner Police Station, Taluka and District Beed .. Respondent Mr Joydeep Chatterji, Advocate holding for Mr M.K.Deshpande, Advocate for applicants Mr N.R.Shaikh, A.P.P. for respondent-State CORAM : P.V. HARDAS, J. DATE : 28th October, 2010 PER COURT 1. The applicants, who are accused in Crime No.96/2010 registered by the Pimpalner Police Station, District Beed for offence punishable 2 under Sections 306, 323, 504, 506 read with sec.34 of the Indian Penal Code seek their release on bail. 2. A complaint came to be lodged complaining therein that the deceased Bhagwan committed suicide on account of the alleged assault by the present applicants. It is alleged that in the earlier part of the day, there was quarrel with some persons and thereafter the present applicants alleged to have assaulted deceased Bhagwan and deceased Bhagwan being fed up with the attitude of the present applicant committed suicide. Accordingly, an offence punishable under Section 306 and other sections came to be registered. 3. Mr Joydeep Chatterji, learned Counsel for the applicant has urged before me that prima facie no offence punishable under Section 306 of the Indian Penal Code is disclosed. Mere assaulting the deceased would not amount to abetment within the meaning of Section 107 of the Indian Penal Code. Without commenting on the matter on merits, according to me in the light of the allegations which are made against the present applicants, the applicants would be entitled to be released on bail. The apprehension of the prosecution that the applicants would not be available for trial can be allayed by putting the applicants to certain terms. 4. Accordingly, this application is allowed and the applicants are directed to be released on bail on each of the applicant executing a P.R. 3 bond in the sum of Rs.15,000/- with one surety in the like amount to the satisfaction of the trial Court. Additionally, the applicants shall attend the Pimpalner Police Station once a week on each Sunday between 8.00 a.m. to 10.00 a.m. till the filing of the charge-sheet. The applicants shall not tamper the prosecution evidence nor shall they influence the prosecution witnesses. Application allowed accordingly. ( P.V. HARDAS, J.) (vvr/4183.2010criappln)