( 1 ) Cri.Appln4713-10 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4713 OF 2010 Kantabai Sarjerao Nikalje, R/o Naigavan, Taluka and District Aurangabad. APPLICANT VERSUS The State of Maharashtra RESPONDENT .... Smt. Sadhana S. Jadhav, advocate for the applicant. Mr. D.V. Tele, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 9th December, 2010] PER COURT : 1. The application is for bail under section 439 of the Criminal Procedure Code. 2. The applicant is the mother-in-law of deceased Sakhubai alias Shakuntala. The marriage of Sakhubai alias Shakuntala was performed prior to about ten (10) years of the incident with Krushna Nikalje. It appears that somewhere in 2007, deceased Sakhubai alias Shakuntala had lodged a report against her husband and the inlaws at Police Station, Karmad for the offence of matrimonial cruelty. That criminal case ( 2 ) Cri.Appln4713-10 was, however, not further prosecuted due to settlement outside the Court. She was again sent to reside with her husband and the inlaws. 3. The FIR is lodged by brother of deceased Sakhubai. It is alleged that notwithstanding re-union after 2007, Sakhubai was being harassed by the inlaws and the husband on account of continuous demands for money and she used to ventilate the grievances in this behalf. Allegedly, she was strangulated to death in the night between 17th and 18th September, 2010 in the matrimonial home. 4. Having heard learned advocate for the applicant and learned A.P.P. and on perusal of the investigation papers, which were made available during course of hearing, it prima facie appears that as per version of minor witness by name Mayuri, husband of deceased Sakhubai returned home in the relevant night. He found that Sakhubai did not serve him hot food. He, therefore, kicked her and gave slaps. It appears that when Sakhubai ventilated grievances, again the husband kicked her 2/3 times. However, brother of her husband and his wife came to the house and intervened in that dispute. Thereafter, Sakhubai was alone in the company of her husband ( 3 ) Cri.Appln4713-10 and the old-aged inlaws. In the next morning, it was reported that she died due to consumption of poisonous insecticide. The post-mortem notes indicate that the death was due to strangulation. 5. It appears that the applicant is involved in the crime only because of her presence in the matrimonial home during the relevant night. In fact, the quarrel between the spouses had taken place during that night on account of non- serving of hot food by Sakhubai to her husband and thereupon, she was beaten up by him. There appears no prima facie material to infer that Sakhubai was assaulted in the relevant night on account of non-fulfillment of any demand. Though there appears prima facie strong evidence against husband of Sakhubai, namely, Krushna Nikalje, yet, involvement of the applicant cannot be assumed only because she was present in the matrimonial home. The bail application of the applicant was rejected by the Sessions Court only for the reason that she is likely to influence the investigation. The learned advocate for the applicant submits that the applicant is ready and willing to abide by any condition that may be imposed. 6. Considering the foregoing reasons, the application ( 4 ) Cri.Appln4713-10 is allowed. The applicant is directed to be released on bail on furnishing of bail bonds in sum of Rs. 20,000/- (rupees twenty thousand) with one solvent surety bond in the like sum, to the satisfaction of the Court of Sessions, and on condition that she shall not enter village Naigavan during pendency of the investigation as well as during pendency of the sessions case, without specific permission of the Sessions Court, which may be considered for any reasonable and specified purpose. [V.R. KINGAONKAR] JUDGE NPJ/criapln4713-10