1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No. 312 of 2011 Nitin S/o Laxmanrao Thakre and another V/s. The State of Maharashtra through P.S.O. P.S. Mangrulpir, Distt. Washim. WITH Criminal Application (ABA) No. 313 of 2011 Laxmanrao Sheshrao Thakre & another V/s. The State of Maharashtra through P.S.O. P.S. Mangrulpir, Distt. Washim. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A. P. Tathod, Advocate for the Applicants in both the applications Mr. P. D. Kothari, A.P.P. for the Respondent-State in both the applications Mr. K. S. Narwade, Advocate to assist the Prosecution in Cri. Appln.(ABA) No. 313/2011. CORAM : U.V. BAKRE, J. DATED : 30.09.2011. 1. Heard learned counsel for the parties. 2. The applicants of both the applications, who apprehend their arrest in Crime No. 140/2011, registered at Police Station Mangrulpir, Dist. Washim, for offence punishable under Sections 498-A and 302 read with Section 34 of the Indian Penal Code, have approached this Court for anticipatory bail. 3. The report was lodged with the Police on 01/08/2011 by Amol Subhashrao Gavande, who is the brother of the deceased, stating that the deceased was married to Mahesh Laxmanrao Thakre in May 2008 and that she was harassed and ill-treated by 2 the said husband Mahesh and by the applicants for demand of Rs. 8,00,000/- (Rupees Eight Lacs only). 4. On 01/08/2011, in the morning time, the deceased Rupali was found fully burnt in room and had expired. 5. The applicants in criminal application (ABA) No. 312/2011 are brother and sister-in-law of Mahesh whereas the applicants in criminal application (ABA) No. 313/2011 are the parents of Mahesh and Nitin. A certificate issued by the Principal of Yashvantrao Chavan D.Ed. College, Mangrulpir, Dist. Washim, has been produced by the applicant Nitin Thakre, which shows that he is working as Lower Division Clerk (L.D.C.) in the said College and is residing within the head quarter i.e. at Mangrulpir. The house of the deceased is at Village Chandhai. It is, therefore, the contention of the learned Advocate for the applicant that it is not possible for the applicants of criminal application No. 312/2011 to harass or ill-treat the deceased. The statements of Satish Thakre and Jayendra Samrat reveal that the deceased was found in a room which was locked from inside because of which entry had to be gained through the tins of the roof and she was found burnt. Nobody else found present in that room. The case, therefore, appears to be of suicide. The probability of the deceased being tied with string and killed and then burnt as stated by Amol Gawande in the F.I.R. does not prima facie inspire confidence. Therefore, section 302 of the Indian Penal Code prima facie is not applicable. 5. Even otherwise, the contents of F.I.R. reveal that the main allegation is against the husband Mahesh who is already arrested and is in custody. The applicants of criminal application (ABA) No. 313/2011 are aged about 68 and 66 years respectively, whereas the applicants of criminal application (ABA) No. 312/2011 3 are not residing along with Mahesh. In my view, no purpose will be served by detaining the applicants in both the applications in custody in the event of their arrest. It is not the case of the prosecution that the applicants of both the applications or any of them are/is likely to flee from justice. There are no criminal antecedents against their names. 6. Hence, both the applications are allowed. In the event of arrest of the applicants in both the applications in Crime No. 140/2011, registered at Police Station Mangrulpir, Dist. Washim, for offence punishable under Sections 498-A and 302 read with Section 34 of the Indian Penal Code, they shall be released on bail upon execution of personal recognition bond in the sum of Rs. 25,000/- each with one solvent surety in the like amount under the following conditions namely: (i) The applicant/s shall attend the Police Station Mangrulpir as and when called upon by the Investigating Officer to do so. (ii) The applicant/s shall not, directly or 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. (iii) The applicant/s shall not leave India without previous permission of the trial Court JUDGE Punde.