( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3529 OF 2010 Bbasaheb Yadu Kamble & another APPLICANTS VERSUS The State of Maharashtra RESPONDENT .... Mr. Mukul S. Kulkarni, advocate holding for Mr. A.H. Koralkar, advocate for the applicants. Mr. B.J. Sonawane, APP for the respondent/State. .... WITH CRIMINAL APPLICATION NO. 3376 OF 2010 Ahilya Babasaheb Kamble & another APPLICANTS VERSUS The State of Maharashtra RESPONDENT .... Mr. Mukul S. Kulkarni, advocate for the applicants. Mr. B.J. Sonawane, APP for the respondent/State. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 11th October, 2010] PER COURT : 1. These applications are filed under section 438 of the Criminal Procedure Code. 2. Both the applications are being decided together in as much as they are founded on similar grounds. ( 2 ) 3. The applicants are father-in-law, brother-in-law, mother-in-law and sister-in-law of deceased Rupali. It appears that marriage between deceased Rupali and Ajinkya was performed on 28th February, 2005 in accordance with the rites and customs of the community. The FIR purports to show that Ajinkya was employed as a school teacher whereas deceased Rupali was employed as Clerk in the District Information Office, Osmanabad and were residing together in a house situated in Samarthnagar area. The FIR itself shows that they were residing separately from other members of the family. The FIR purports to show that deceased Rupali was subjected to matrimonial cruelty on account of her failure to fulfill unlawful demand of Rs. one (1) lac. There are omnibus allegations against the applicants. Though the applicants are residing separately, yet, they are roped in as accomplices only on basis of general allegations about the matrimonial cruelty meted out to deceased Rupali. It appears that deceased Rupali and her husband Ajinkya were not pulling on well. An incident dated 30th May, 2010 is quoted in the FIR to demonstrate as to how deceased Rupali was subjected to matrimonial cruelty. That incident occurred at the time of marriage ceremony of her brother-in-law. The allegations in ( 3 ) the FIR prima facie show that her husband - Ajinkya had beaten her by means of kicks and fist blows whereas the in-laws had abused her. It appears that on 15th July, 2010, Rupali committed suicide in her residential accommodation at Osmanabad. 4. There is hardly any evidence to show that soon before her death, the applicants were in the company of deceased Rupali and had subjected her to any particular matrimonial cruelty. The FIR shows that the matrimonial cruelty was at the hands of her husband. Considering these aspects, and particularly when admittedly, deceased Rupali and her husband, both being employed and were residing together in a separate house at Osmanabad, the applicants need to be protected because of likelihood of humiliation which may be caused on account of arrest and their arrest may not be necessary for the purpose of effective investigation. 5. In the result, the applications are allowed. The applicants are directed to be released on bail, in the event of their arrest, on furnishing of P.B. and S.B. in sum of Rs. 20,000/- (rupees twenty thousand), each, and on condition that they shall make themselves available as and when called by the ( 4 ) Investigating Officer to attend the Police Station for the purpose of investigation. They shall participate in the investigation process by attending the concerned Police Station on each Sunday between 10 a.m. and 2 p.m. for four (4) consecutive Sundays or till filing of the chargesheet/final report, as the case may, whichever is earlier. [V.R. KINGAONKAR] JUDGE NPJ/criapln3529-3376-10