Ambadas S/O Raosaheb Khatal v. The State Of Maharashtra

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 5295 OF 2016 Ambadas s/o. Raosaheb Khatal ..

Applicant Age. 36 years, Occ. Agri., R/o. Antarwali Bk. Tq. Shevgaon, Dist. Ahmednagar.

Versus

The State of Maharashtra ..

Respondent Mr.N.B. Narwade, Advocate for the applicant.

Mr.S.D. Ghayal, APP for respondent/State.

CORAM : A.M. BADAR,J.

DATED :

04.10.2016 P.C. :- 1.

Applicant/accused - Ambadas s/o. Raosaheb Khatal in Crime No.I-228 of 2016 registered with Shevgaon Police Station, Dist. Ahmednagar, for the offences punishable under sections 306, 498-A read with section 34 of the Indian Penal Code, by this application is seeking his release on bail.

2.

Heard learned Counsel appearing for the applicant/accused. He argued that marriage was prior to 14 years and there was no issue from the marriage. Out of depressed condition of mind, wife of the applicant might have committed suicide by jumping in the well.

( 2 ) Learned Counsel submitted that there was no reason to demand money from in-laws of the applicant.

3.

Learned APP opposed the application by contending that statements of relatives and co-workers of the deceased are corroborating the version of the informant/father.

4.

Perused papers of investigation. Deceased Ayodhya married the applicant prior to 14 years. There is no issue out of this wed-lock. The averments in the F.I.R. are to the effect that for purchasing a truck, husband and in-laws of Ayodhya were asking her to bring Rs.6 lakhs from her parental relatives. It is averred that an amount of Rs.80,000/- was paid but with insistence to bring Rs.1 lakh, there was illtreatment to Ayodhya. According to the prosecution case, there used to be abuses and beating to Ayodhya. It is also averred that as she could not deliver child, the accused persons were giving taunts to her. This has resulted in commission of suicide on 12.08.2016.

5.

Those statements of parental relatives of Ayodhya are corroborating the version of informant/father. Co-workers of the deceased had disclosed that the deceased used to tell them that her

( 3 ) husband does not talk with her. According to co-workers, Ayodhya used to tell them that she is having much harassment. Except this, nothing is being spoken by the co-workers of deceased Ayodhya.

6.

Material part of the investigation is already over and therefore, considering nature of offence, further detention of the applicant is not warranted. Hence, order :-

O R D E R

i) The application is allowed.

ii) Applicant/accused - Ambadas s/o. Raosaheb Khatal, in Crime No.I-228 of 2016 registered with Shevgaon Police Station, Dist. Ahmednagar, for the offences punishable under sections 306, 498-A read with section 34 of the Indian Penal Code, be released on bail on executing P.R.Bond of Rs.20,000/- [Rupees Twenty Thousand] and on furnishing surety in the like amount.

(iii)As a condition of this Order, the applicant shall not extend any threat, inducement or promise to the persons acquainted with the facts of the accusation

( 4 ) so as to dissuade them from disclosing the same either to the police or the Court.

(iv) The applicant shall not tamper the evidence of the prosecution.

[A.M. BADAR,J.] /2016/ 16/ snk OCT