1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4522 OF 2009 Sushila Dnyandeo Wakchaure, Age-52 years, Occu-Household, R/o.Kalas, Tq.Akole, Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.S.T.Shelke, learned counsel for applicant Mr.N.B.Patil, learned APP for respondent State. (CORAM : A.V.POTDAR, J.) DATE : 06/01/2010 PER COURT : 1. By the present application, the applicant has approached this Court for her release on anticipatory bail in the event of her arrest in connection with CR No.139/2009, registered in Akole Police Station for the alleged offence u/s. 498-A, 306 r/w. 34 of IPC. 2. Heard learned counsel appearing for the applicant followed by the submissions of learned APP appearing for State as well as the learned counsel, who is assisting to learned APP for original complainant. Also perused the papers of investigation till carried out. 2 3. It appears that the offence came to be registered in Akole Police Station of District Ahmednagar on the complaine of one Janardan about suicidal death of his dauther by name Manisha Yogesh Wakchaure who has committed suicide in the early morning of 09/12/2009. This suicide is by hanging. It is alleged in the said complaint that the husband and in laws of his daughter deceased Manisha were harassing her on the count of demand of Rs. 5,00,000/- for purchase of X-ray room, operation theatre in the clinic run by husband of deceased and all the family members of husband are harassing her on that count. It is also alleged that on 27/11/2009, phone call was received from the deceased daughter of complainant as well as the same complaint on 08/12/2009 when the complainant visited the residential premises of deceased in view of ensuing birth day of his grand son which is scheduled on 12/12/2009. 4. During the course of submissions across the bar, it is urged and pointed out that the deceased was also Medical Graduate. Husband and wife are BAMS and not MBBS who can do the practice in alopathy by starting the X-ray clinic at their dispensary. It is also urged across the bar that the population of village where this couple is residing is hardly 3000. At the same time, it is brought to the notice by way of documentation that father in law of the deceased after his retirement received huge amount which was invested in the same year somewhere in the month of July. The hospital was 3 constructed soon after the marriage somewhere in the year 2006. In the premise, the allegations particularly in the light of allegations which are omni-bus and in sweeping nature against all the family members. Hence it is urged that the applicant be released. 5. The application is opposed by learned APP appearing for State on the ground that the investigation is still in progress. It is supported by the counsel appearing for the original complainant. 6. Considering these submissions across the bar and the documents produced, one fact is clear that so far as the financial condition of the in laws of deceased, it can be inferred as sound economic condition. Apart from it, in an offence punishable u/s. 306 of IPC, there must be an abatement or instigation and there shall be some incident soon before the alleged incident of suicide. Even if the entire statement made in the complaint is accepted as it is, there are sweeping allegations against this complainant. There is no specific allegation against this applicant about any overact or demand or harassment on her part soon before the alleged incident took place in the early morning of 09/12/2009. Even though it is urged that the suicidal note is a suspicious documents and not to be believed at this stage. This Court is not ready to consider the suicidal note at all at this stage as it can not be disputed that the death of the deceased is suicidal death, the only question whether there is any instigation or abatement as disclosed from the complaint or otherwise at the hands of present applicant. Apparently on the face of it, the complaint is 4 silent on this point and if it is so, a case is made out to use the discretion u/s.438 of Cr.P.C. Hence order : O R D E R 1. Application is allowed. 2. In the event of arrest of applicant in connection with CR No. 139/2009, registered in Akole Police station , she be released on bail on furnishing surety in the sum of Rs.15,000/- and on executing PR bond in the sum of like amount. 3. After released on bail in the event of arrest, the applicant to co- operate the investigation agency and to attend the Akole Police Station whenever required by the Investigation Officer concerned on written requisition. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JAN 2010/cri.appl.4522-09