Babarao S/O Balaji Rathod And ORS v. The State Of Maharashtra And ANR

-:(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. 911 OF 2015 WITH APPLN/1268/2015 IN APPLN/911/2015 BABARAO S/O BALAJI RATHOD & ORS

VERSUS

THE STATE OF MAHARASHTRA & ANR ...

Advocate for Applicant : Mr. Deshpande C. R./ Mr. Jadhav Satej S.

APP for Respondent Nos.1 and 2: Mr. N. B. Patil. *** CORAM: T. V. NALAWADE, J.

DATED: 10th MARCH, 2015.

PER COURT:

1.

The application is filed for relief of anticipatory bail. 2.

Both the sides are heard.

3.

This Court has perused the papers of investigation. 4.

The crime is registered on the basis of report given by father of the deceased. The deceased was given in marriage to Applicant No.1 on 24th May, 2014. She committed suicide by consuming poison in matrimonial house on 25th November, 2014. F.I.R. came to be given on 29th January, 2015. It appears that prior to the date of F.I.R. attempt was made to obtain order of Magistrate under section 156 (3) of

-:(2):- Cr.P.C. by maternal uncle of the deceased.

5.

Allegations are made against the Applicants that they were asking the deceased to bring Rs.10,000/- which was the remaining amount of dowry and on that count they were giving ill-treatment to the deceased. Allegations made are that deceased used to inform about physical and mental illtreatment to her parents. Already amount of Rs.3.4 Lakh was given as dowry but the husband and relatives were not satisfied with this amount and ill-treatment was given. They used to drive her out of the matrimonial house and every time her parents somehow used to send her back to the matrimonial house.

6.

The relations given show that Applicant No.5 is grand mother of the husband of the deceased. Applicant No.6 is sister of the husband and Applicant No.7 is husband of Applicant No.6. Applicant No.8 is a person to whom the applicants go for advise and they treat him as a Guru. In view of the aforesaid circumstances, this Court holds that protection needs to be given to Applicant Nos.5 to 8. However, protection cannot be given to Applicant Nos.1 to 4 who were living in the same house and who need to be interrogated thoroughly to ascertain as to what happened on the last day or previous day due to which the deceased consumed poison. It is also necessary to know as to whether poison was administered. In view of these circumstances

-:(3):- application of Applicant Nos.1 to 4 is rejected. 7.

The application of Applicant Nos.5 to 8 is allowed. The interim relief granted in their favour is confirmed. Applicant Nos.7 and 8 to attend the concerned police station on every Sunday between 09.00 a.m. and 12.00 p.m. for a period of one month and they are to cooperate to the police during investigation.

8.

Criminal Application No.1268 of 2015 for permission to assist learned A.P.P. is allowed and disposed of. [T. V. NALAWADE, J.] Dt.10/03/2015 ans/911