1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2970 OF 2010 Jitendra S/o.Baburao Badne, Age-44 years, Occu-Service, R/o.Kingaon, Tq.Ahmedpur, Dist. Latur APPLICANT VERSUS 1. The State of Maharashtra 2. The Superintendent of Police RESPONDENTS Mrs.S.S.Jadhav, learned counsel for applicant. Mr.P.P.More, learned APP for State CORAM : A.V.POTDAR, J. DATE : 13/08/2010 PER COURT : 1. By the present application, the applicant has prayed this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.46/2010, registered in Kingaon Police Station. 2. On 30/07/2010, interim protection was granted to the applicant. 3. Today, heard learned counsel for applicant, learned APP for State and perused the papers of investigation till carried out. 2 4. It can not be disputed that deceased Vidya is the wife of applicant, married about 15 years back. Out of the wedlock, the applicant and deceased have two children namely Abhijit and Puja, who are taking education in the Boarding School at Udgir. The applicant is working as an Assistant Teacher in the Secondary School, at Kingaon. He is also having undivided share in the agricultural land, which is in the name of joint family. It appears that the said CR came to be registered on 11/07/2010 as on that day, the daughter of applicant and deceased Puja had been to Kingaon to her boarding school. On 11/07/2010, around 11.00 a.m., the applicant had been to ST stand to drop his daughter as she has to attend her school at Udgir. At that time, he received a message from the neighbourers that his wife Vidya jumped in the well. Immediately applicant returned his house, where he saw that the Vidya was taken out from the well. Accordingly the incident was informed to the parents of Vidya r/o. Gade Pimpalgaon, Tal.Parali, Dist. Beed, which is situated at 60 kms away from Kingaon. After completing requisite formalities like inquest, spot panchnama and post mortem, cremation took place. On the same day, father of Vidya lodged the report in Kingaon Police station against the applicant and his sister, who is R/o.Chakur, which is at a distance of 40 kms from Kingaon that due to the harassment of demand of Rs.2,00,000/- to start the bear-bar, Vidya committed suicide. It appears that when the application was moved by the applicant and his sister before the Lower Court, sister of the applicant succeeded in getting bail while the applicant failed, hence before this court. 3 5. During the course of submissions across the bar, it is contended on behalf of applicant that there is grudge in the mind of deceased Vidya that her both the kids are taking education in the boarding school at Udgir. Because of that, one Nilesh, son of sister of Vidya was brought to Kingaon to stay with applicant and Vidya, who is taking education at Dharmapuri. It is also contended that because of pampering of maternal aunt, the said Nilesh developed bad habits. Because of those bad habits, Nilesh was unable to complete his study and failed in middle examination of academic year 2009-10. Because of that, he was sent back to his parents residence. Thereafter, Vidya was insisting applicant to brought back Puja to stay at Kingaon, for which considering the educational status, the applicant was not ready. On the day of incident, when applicant had been to ST stand to drop Puja, this incident occurred. According to learned counsel for applicant, applicant is well settled person and has nothing to do with the allegations made against him by the father of Vidya and that too after 13 years of marriage. 6. With assistance of learned APP, considered the papers of investigation till carried out. According to learned APP, this is not a fit case where the bail to be granted as in the statement of Nilesh recorded during the investigation as well as two persons from the place of father of victim, who had accompanied brother of the victim about 1 month back prior to the date of incident, it is stated that there was dispute between Vidya and applicant, which was settled one month back and i.e. on the count of harassment to Vidya at the 4 hands of applicant, and hence this is not a case where anticipatory bail to be granted at the initial stage. 7. To constitute an offence u/s. 306 of The IPC, instigation to commit suicide as contemplated u/s. 107 of The Cr.P.C., and ingredients of that section ought to be reflected in the statement of witnesses. 2 days prior to the incident, Pooja was in the company of applicant and deceased Vidya. Since last more than 30 days, statement of Pooja was not recorded to show that there was harassment to Vidya at the hands of applicant and i.e. at her residence. There is statement of Nilesh and the friend of brother of victim Vidya, that Vidya was assaulted by the applicant on the count of non satisfaction of the alleged demand, and on number of occasions, she was driven out during night hours from the residence by the applicant. These allegations are not supported by the statement of local persons i.e. neighbourers of applicant. Apart from it, no external injuries were noticed on the person of Vidya when the autopsy was carried out on her body. Thus the statement of friend of brother of Vidya and of Nilesh are not supported by the medical evidence as well as the evidence of local witnesses. Then the fact remains that whether there is any other circumstance available which shows that Vidya was instigated to commit suicide on 11/07/2010. Till the investigation carried out, as it is in progress since last more than 30 days, no such circumstance is on record. The overall effect of the discussion is that the case is made out to enlarge the applicant on anticipatory bail in the extraordinary 5 jurisdiction of this Court. 8. In the result, application is allowed. Interim protection granted on 30/07/2010 is hereby confirmed and extended till filing of the charge sheet. Within meantime, if the presence of applicant is required, Investigation Officer concerned to give written intimation, in advance to the applicant, to give attendance in Kingaon Police Station in connection with CR No.46/2010. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/AUG 2010/cri.appl.2970-10