Santosh Balasaheb Mutkule v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1541 OF 2018 Santosh B. Mutkule ... Applicant Vs The State of Maharashtra ... Respondent AND ANTICIPATORY BAIL APPLICATION NO.1695 OF 2018 Rekha S. Patil ...Applicant Vs.

The State of Maharashtra

...Respondent.

...

Mr. Aniket Nikam I/by Mr. Ashish Satpute for the Applicants in both the applications.

Mr. H.J.Dedhia, APP for the Respondents.

CORAM : SANDEEP K. SHINDE J.

DATE : 19 DECEMBER, 2018 P.C. :

The applicants were apprehending arrest in Crime No.401 of 2018 dated 19th June, 2018 registered with the Kondhwa Police Station, Pune for the offences punishable under Sections 498A, 306 read with Section 34 of the IPC.

Shivgan 1/3

Heard the learned counsel for the Applicants and the learned APP for the State. Perused the complaint. On 2nd August, 2018, the applicants were granted adinterim relief on certain terms and conditions. No doubt, the deceased committed suicide within one and half month from the date of marriage, however, the allegations in the complaint are general in nature. In the complaint, there are no allegations that applicants and/or their relatives were harassing the deceased for not complying with the unlawful demands. The complaint is lodged by the paternal uncle of the deceased and alleged that the applicants were not permitting deceased to receive calls on the mobile phone and she was subjected to harassment for not cooking properly. It appears there were some differences between the deceased and her husband but admittedly, there are no allegations of unlawful demands. Besides, the applicant in Application No.1695 of 2018 is married sister-in-law of the deceased, who is staying separately from the house of the deceased. Shivgan 2/3

Taking into consideration the nature of the allegations, I am inclined to grant this application and hence, the following order:

(1) The Application is allowed.

(2) In the event of arrest of the applicants, each of them be released on executing PR Bond of Rs.25,000/- with one or two sureties in the like amount.

(3) The Applicants shall co-operate with the investigation and attend the concerned police station as and when required.

(4) The Applicants shall furnish their contact details and residential address so as to enable the I.O. to contact them as and when required.

(5) The Applicants shall not tamper with the prosecution evidence in any manner whatsoever.

(6) The Application is disposed of.

(SANDEEP K. SHINDE, J.) Shivgan 3/3