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Bombay High CourtAPPLN/254/2015disposed off

Mangalbai W/O Shahu Karnure v. The State Of Maharashtra

2015-01-30Hon'Ble Shri Justice T.V. Nalawade3 pages

-:(1):- FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.

Court's or Judge's orders.

CRIMINAL APPLICATION NO.: 254 OF 2015 MANGALBAI W/O SHAHU KARNURE

VERSUS

THE STATE OF MAHARASHTRA WITH APPLN/255/2015 SHAHU S/O RAJARAM KARNURE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Tripathi Manish P. APP for Respondents: Mr. R. P. Phatke.

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

DATED: 30th JANUARY, 2015.

PER COURT:

1.

The first application is filed for anticipatory bail and the second application is filed for bail. Both the sides are heard.

This Court has perused the papers of investigation.

2.

The crime is registered on the basis of report given by mother of the deceased. The deceased was given in marriage to son of applicants on 26th March, 2014. There are allegations that, there was harassment to the

-:(2):- deceased on petty counts and there was complaint of the applicant and husband of the deceased that sufficient gifts were not given at the time of marriage. There were allegations that, even after giving some amount, like Rs.20,000/-, the harassment continued. The deceased had disclosed the ill-treatment to her parents. On 10th December, 2014 the husband of deceased gave severe beating to her. Allegations are that the applicant - mother-in-law took part in the incident and she also gave abuses. Allegations are that the applicant from second application - father-in-law also gave abuses. Deceased then committed suicide on 11th December, 2014 by hanging herself in the cattle shed of the field of the applicants. The crime is registered for offence under sections 498A, 306 read with 34 I.P.C. As the death has taken place in the house of the applicants, this Court holds that this is not a fit case to grant anticipatory bail to Mangalbai, the applicant from the first application. So, the first application i.e. Criminal Application No.254 of 2015 is rejected.

3.

The applicant from the second application i.e. Criminal Application NO.255 of 2015 is father-in-law of the deceased and he has been behind bar for more than

-:(3):- 1-1/2 months. In view of the aforesaid allegations and the fact that it is likely to take much time for filing of the charge sheet and completion of trial this Court holds that it is not desirable to keep the applicant Shahu [Criminal Application No.255 of 2015] behind bar till disposal of the case which may be filed against him.

4.

In the result, Criminal Application No.255 of 2015 is allowed. The applicant Shahu S/o Rajaram Karnure is to be released on bail on his furnishing P.R. and S.B. of Rs.15,000/-.

5.

He is not to tamper with the prosecution witnesses. He is not to commit similar offence. He is not to visit the village of the complainant till the disposal of the case which may be filed against him.

[T. V. NALAWADE, J.] Dt.30/01/2015 ans/254