( 1 ) 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. 1230 of 2008 CRIMINAL APPLICATION No. 1230 of 2008 CRIMINAL APPLICATION No. 1230 of 2008 Sagar Shivajirao Jondhale and Anr ..Applicants. Vs. The State of Maharashtra ..Respondent. Mr Shirish Gupte, Sr.Advocate i/b R.D. Suryawanshi, Advocate for the Applicants. Mr S. S. Pednekar, A.P.P. for the State/Respondent. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. DATED : 30.04.2008. DATED : 30.04.2008. DATED : 30.04.2008. P.C.:- P.C.:- P.C.:- 1. Heard the learned counsel appearing for the applicants-accused and the learned A.P.P. for the respondent-State. 2. Perused application and the material available on record. 3. The applicants-accused are seeking anticipatory bail in C.R. No.I-63 of 2008 under Sections 498(A), 306, 506 read with Section 34 of ( 2 ) the Indian Penal Code registered with Gangapur road Police Station, Nashik, under Section 438 of the Cr.P.C. 4. The factual matrix reveals that the deceased Prachi was married on 21.3.2002 with applicant No.1. She hardly cohabited for about seven months with applicant no.1. However, due to sharp difference of opinions said Prachi left the house of her husband and started residing with her parents at Nashik. 5. On 6.9.2005 she filed Marriage Petition in the Court of the learned Civil Judge, Senior Division, Nashik for divorce under Section 13(1-A) of the Hindu Marriage Act and obtained ex-parte decree of divorce, which the applicant No.1 came to know through some of his relatives. 6. On 13.3.2008 the father of the deceased Prachi lodged a report that Prachi committed suicide holding the applicants and one Shivajirao Jondhale responsible and making allegations against them under Sections 498-A and 306 of the I.P.C. ( 3 ) 7. Upon receipt of the complaint Gangapur Police Station Nashik registered crime against the applicants for the offence punishable under Sections 498-A and 306 read with Section 34 of the Indian Penal Code. 8. Having heard parties,such factual matrix and the decree of divorce applicant Nos.1 and 2 ceased to be the husband and wife, consequently, applicability of Section 498-A of the I.P.C. has become doubtful. So far as Section 306 of the I.P.C. is concerned, at this stage, hardly there is evidence of any abetment against the applicants. In the aforesaid view of the matter, the applicants have made out a prima facie case for grant of anticipatory bail. 9. In the result, the applicants Nos. 1 & 2 in the event of their arrest be released on bail on executing P.R. bond of Rs.25,000/- by each of them with one surety each in the like amount on the following terms and conditions. (a) The applicants shall attend concerned ( 4 ) Police Station once in a month till filing of the charge sheet. (b) The applicants shall not, directly indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (c)The applicants shall not pressurise witnesses and that they shall co-operate with the Investigating agency, if required. 10. This order of anticipatory bail shall remain in force till the filing of the charge sheet. It would be open for the applicants to apply for regular bail before the regular Court. 11. Any observation made in this order shall not be construed as any finding or any expression of opinion on the merits of the case at the time of trial. ( 5 ) 12. It is needless to mention that breach of any of the conditions by the applicants shall result in cancellation of bail. 13. The application is allowed in the above terms. JUDGE. JUDGE. JUDGE.