1 apln3122-10 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.3122 OF 2010 Balu Ashok Pagare. ..Applicant. Vs. The State of Maharashtra ..Respondent. .... Mr.M.S. Karnik, Advocate for the applicant. Mr.Y.M. Nakhawa, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 30TH JULY, 2010 P.C. 1. Heard rival submissions for sometime on this application for anticipatory bail preferred by the applicant, husband of the deceased woman. He is apprehending arrest at the hands of Nasik Road police station in C.R. No.I-395/2010 for the offence punishable under Sections 498-A, 306, 323, 504, 506 read with Section 34 of Indian Penal Code. 2. Allegations against the present applicant, husband of the deceased are that he along with co-accused i.e. his parents and other relatives was abusing and illtreating his 2 apln3122-10 wife on account of she not conceiving any child even though the marriage between them was performed about 8 years back. Apparently only these are the allegations mentioned in the FIR which was lodged by the step mother of the deceased. Other co-accused were granted anticipatory bail. Considering the allegations and considering the time-gap between the marriage and the suicide committed by the woman by setting herself on fire in her house when she was alone and when the room was locked from inside and considering that there are no other allegations as to demand of dowry etc. in the opinion of this Court, present application can be allowed with certain conditions. Hence, the order :- :: O R D E R :: [i] Criminal Application No.3122 of 2010 for anticipatory bail is allowed and according disposed of. [ii] In the event of arrest of the applicant -Balu Ashok Pagare in C.R. No.I-395 of 2010 of Nasik Road police station, he shall be released on bail on his executing a P.R. bond in the sum of Rs.15,000/- 3 apln3122-10 (Rs.Fifteen Thousand Only) with one surety for the like amount. [iii] In the event of arrest and availing the bail as above, the applicant shall attend the concerned police station once in a month on first Sunday between 10:00 a.m. to 12:00 noon till filing of the chargesheet. (A.R.JOSHI,J.) PPD 12.appln3122-10