( 1 ) cria4934.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4934 OF 2011 WITH CRIMINAL APPLICATION NO. 5153 OF 2011 Dr. Balaji s/o. Keshavrao Telang .. Applicant Age. 29 years, Occ. Medical Practitioner, R/o. Naik Nagar, Nanded. Versus The State of Maharashtra .. Respondent Mr. N.S. Ghanekar, Advocate for the applicant. Mr. B.V. Wagh, A.P.P. for respondent/State. Mr. Sandeep S. Deshmukh, Advocate for original complainant. CORAM : R.Y. GANOO, J. DATED : 12.12.2011 P.C. :- 1. Criminal Application No. 5153 of 2011 seeking permission to support the A.P.P. is granted. 2. Criminal Application No. 4934 of 2011 is filed by Balaji Telang, who is arrested in connection with C.R. ( 2 ) cria4934.11 No. I-339 of 2011, registered with Bhagyanagar Police Station, Nanded, for offences punishable under sections 498-A, 306, 304-B r/w 34 of the I.P.C. and section 3 & 4 of the Dowry Prohibition Act. The incident is of 17th December, 2010 and the present applicant who is husband of Dr. Swati, since deceased, was arrested on 18th December, 2010. Said Swati is said to have committed suicide at the place where present applicant and Swati were residing. The postmortem report clearly indicates that the cause of death is on account of hanging. The statements of various witnesses have been recorded such as Dr. Sujata, Dr. Dudhiwar and Mr. Rajesh Dudhiwar. They refer to cruel treatment given by present applicant and demand of money for construction of house. 3. After having considered the entire record, I am inclined to observe that the prosecution has been able to make out prima facie case for charge under section 498-A, 306 and 304-B of the I.P.C. Learned Advocate Mr. ( 3 ) cria4934.11 Deshmukh appearing on behalf of Laxmayya Kondra, father of deceased has submitted that investigation is not carried out in proper manner and according to him, this is a case where present applicant has caused death of Dr. Swati. 4. At the outset, on reading the charge-sheet it does not appear to be a case of charge under section 302 of the I.P.C. In my view, after considering the record, prima facie case for charge under section 498-A r/w 306 and section 304-B of the I.P.C. is made out. Learned advocate for the applicant submitted that the applicant is in custody for about one year and that he is prepared to stay out of Nanded, as majority of the witnesses are staying in Nanded. He submitted that he would appear before the Court at Nanded to face the trial. Learned A.P.P. Mr. Wagh and learned advocate Mr. Deshmukh opposed the bail application contending that the applicant should remain in custody till the trial is over. ( 4 ) cria4934.11 5. Having gone through the record and having observed that prima facie case is made out for offence punishable under section 498-A, 306 and 304-B of the I.P.C., the question is how long the applicant can be kept in custody, whether till the trial is over or he may be released. The applicant is in custody for last one year and it is noted that the present applicant has expressed desire to stay out of Nanded. I am of the view that present applicant can be released on bail. As a part of grant of bail a condition will have to be put on the applicant that the applicant will not enter the territory of Nanded except to attend the Court. 6. In regard to arguments advanced by learned Advocate Mr. Deshmukh that the case involves charge under section 302 of the I.P.C., I may observe that if the prosecution makes application before the learned Additional Sessions Judge, for additional investigation, ( 5 ) cria4934.11 it would be open for the Additional Sessions Judge to decide the same on merit. This Court has not expressed any view on the stand taken by Mr. Deshmukh that case involves charge under section 302 of the I.P.C. Hence, following order is passed :- 7. The bail application is granted. The applicant be released on bail in C.R. No. II-339 of 2010, registered with Bhagyanagar Police Station, Nanded. The applicant be released on bail in sum of Rs. 20,000/- (Rupees Twenty Thousand) with one surety in like amount. The applicant shall execute P.R. bond in the sum of Rs. 20,000/- (Rupees Twenty Thousand). The applicant shall not enter city limits of Nanded, save and except to attend the Trial. The applicant shall inform the police station at Bhagyanagar, Nanded, the address where he proposes to reside on account of restriction imposed upon him. The applicant shall report to the police station within whose jurisdiction he proposes to reside, on every ( 6 ) cria4934.11 second Saturday between 11.00 a.m. to 4.00 p.m. till the trial is over. [R.Y. GANOO, J.] snk/2011/DEC11/cria4934.11