1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No. 3595/2009 [ Bapurao Deoba Kanade and others ..vs.. State of Maharashtra ] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. D.G.Patil. Advocate, for applicants Mr. D.P.Thakare, APP for Respondent .......... CORAM : P.D. KODE, J. DATE : DECEMBER 15, 2009. Heard. By the present application, the applicants apprehending arrest in connection with Crime No. 122/2009, registered with Mahagaon Police Station, District Yavatmal, on 27.10.2009 for Commission of Offence under Section 498-A r/w Section 34 read with Section 306 of I.P.C, have prayed for direction under Section 438 of Cr.P.C. The said crime was registered upon the first information report lodged by brother of deceased regarding an incident which had occurred on a day prior to lodging of said report i..e on 26.10.2009, in which his sister Jyoti has met with a death due to drowning. In short, the case of first informant that his 2 sister though initially treated well after the marriage effected on 5.5.2009 was later on subjected to cruelty by present applicants and also by her husband and her two brother-in-laws on the count of brining the money from her parents for purchasing agricultural land and herself had reported the same to him and the other relations when she had been to the house of her parents for Diwali festival. It is also his case that she had also sent message with one Shivdas Laxman Bhone who had been at her village of herself being treated with cruelty and she was not able to bear the same and her parents should be sent at the earliest etc. The first information report reveals that on 26.10.2009 a nephew of the deceased had informed on mobile to the first informant that Jyoti had died due to falling in the well. Learned APP has submitted that the investigation is in progress and during the same, the statement of witnesses who were present nearby the spot when the deceased had fallen in the well, has been recorded. He has further submitted that the statements of the relatives of the deceased from her father side has also been recorded and the matters therein are on the same line as that stated in the first information report. He has further submitted that having regard to the material stated in the statement of eye-witnesses who were present nearby the spot, in the event of court being inclined to accept the prayer in the application, necessary condition for securing the presence of the applicants should be 3 imposed for the purpose of investigation which is in progress. Learned counsel for the applicants has urged that practically all the male members of the family including the husband of the deceased having surrendered, they are already in the custody of police. He has further urged that the investigating agency has not been able to collect any material directly linking any of the applicants with the death of the deceased. He urged, having due regard to the said aspect and having regard to the age of the applicants and applicant nos. 2 & 3 being ladies, their prayer in the application be favourably considered. The perusal of the case diary reveals that the statement made by the learned APP is in consonance with the matters stated therein i.e. the prosecution has not been able to collect any significant evidence regarding the commission of offence under Section 306 of I.P.C, so far. Having regard to the same and having regard to the fact that the statement of the said witnesses amongst others reveals of efforts being made by the husband for immediately taking out the deceased after she had fallen in the well and having regard to the delay in forthcoming the allegations of the deceased being subjected to the cruelty i.e. the same coming forward only after the deceased had died also raises reasonable probability of false implication of the applicants apart from this, even the allegations made in the F.I.R also being 4 of general nature, the applicants have made out prima facie case for issuing a direction as prayed by them with certain conditions. The Investigating Officer of Crime No. 122 of 2009 is hereby directed that in the event of arrest of the applicants in connection with the said crime, each of them shall be released on anticipatory bail uptill submission of charge sheet in the said crime subject to each of them furnishing a P.R.Bond in the sum of Rs.30,000/- with one surety in the like amount and subject to the conditions that applicants shall; (i) attend the Investigating Officer of P.S. Mahagaon every day between 11 a.m & 1 p.m for first seven days and thereafter as and when called by the I.O.; (ii) not directly or indirectly making any inducement, threat or promise to any person acquainted with the facts of crime under the investigation for dissuading the said person from disclosing the facts within his knowledge to the investigating Officer (iii)not leaving the residential address mentioned in the application without the permission of this Court; (iv)not committing any offence while being on bail granted by this order. Application stands disposed of. JUDGE Rvjalit