Bhimashankar Sidhalingappa @ Sidhanigappa Birajdar And ANR v. The State Of Maharashtra

ppn 1 29.aba-1325.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1325 OF 2017 Bhimashankar Sidhalingappa @ Sudhanigappa Birajdar & Anr.

..

Applicants Vs.

The State of Maharashtra ..

Respondent --- Mr.Ritesh Thobde for the applicant.

Mr.S.S.Hulke, Additional Public Prosecutor for respondent. Mr.Farid A.Shaikh, Police Head Constable, Jail Road Police Station, Solapur.

--- CORAM : T.V. NALAWADE, J.

DATE : 7th August 2017 P.C. :- .

The application is filed for the relief of anticipatory bail. Both the sides are heard. Papers of investigation were made available to this Court for perusal.

2.

Marriage took place on 1st January 2016. The record collected shows that from June 2016, the deceased and the present applicants were living separately in Solapur. Incident took place on 1st May 2017. Allegations are made that demand of money made by the husband and his parents were not met with and so she was subjected to cruelty and she was murdered.

3.

This Court has carefully gone through the Post Mortem Report. Learned counsel for the applicants submitted that when inquest

ppn 2 29.aba-1325.17.doc report was prepared, it was noticed that both the hands of the deceased were tied with a piece of cloth and due to that there is probability that it is murder. Papers of the investigation at this stage do not show that the applicants were present in Solapur on that date. In view of these circumstances and as the police must have completed most part of the investigation during the last more than six months and charge sheet is filed, this Court holds that the protection needs to be is given to the present applicant. The Application is allowed. 4.

In case of arrest in C. R. No.197 of 2017 registered in Jail Road Police Station, Dist. Solapur for the offences punishable under Sections 302, 498A, 201 read with 34 of the Indian Penal Code, the applicants are to be released on bail on their furnishing P.B. in the sum of R.15,000/- (Rupees Fifteen Thousand Only) by each of them with one or more solvent sureties of the like amount. The applicants are not to tamper with the prosecution witnesses. They are not to commit similar offences. The applicants are to appear before the concerned police station on coming two consecutive Saturdays and Sundays for the purpose of further investigation and they are to cooperate with police during investigation.

5.

Anticipatory Bail Application is to be treated as disposed of. T.V.NALAWADE, J.