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Bombay High CourtABA/235/2020allowed

Roshan Vitthal Tulaskar v. State Of Mah., Thr. P.S.O. P.S. Veltur Tah.Mouda, Distnagpur(Rural)

2020-08-04Hon'Ble Shri Justice Rohit Baban Deo3 pages

1 aba235.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.235 OF 2020 (Roshan Vitthal Tulaskar ..vs.. The State of Maharashtra, through PSO, PS Veltur, District Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.A. Dhawas, Counsel for the applicant, Shri H.D. Dubey, Addl.P.P. for the non-applicant. CORAM : ROHIT B. DEO, J.

DATED : 04-08-2020 Hearing was conducted through video conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

The applicant is apprehending arrest in Crime 125/2020 registered with Veltur Police Station, District Nagpur for offences punishable under Sections 498-A and 304-B read with Section 34 of the Indian Penal Code.

3.

Unfortunately, the wife of the applicant ended her life within one year and two months from the marriage. 4.

The suicide note is on record.

5.

The grievance penned in the suicide note is the alleged insistence of the applicant that the couple would have physical relationship only once in a month.

2 aba235.20 However, several allegations are levelled by the father of the deceased on the basis of which report the crime is registered.

6.

The allegations of alleged cruelty in order to pressurize the deceased and her family to succumb to financial demand, are not reflected in the suicide note. According to the applicant, the deceased was mentally and physically not well and was otherwise unhappy in the sexual relationship.

7.

Considering the contents of the suicide note, I am satisfied that the application needs to be allowed. 8.

In the invent of arrest in Crime 125/2020 registered with Veltur Police Station, District Nagpur for offences punishable under Sections 498-A and 304-B read with Section 34 of the Indian Penal Code, the applicant be released on bail on furnishing personal bond of Rs.25,000/- with surety of like amount. In view of the prevailing situation, the surety may be furnished within four weeks from the date of arrest.

9.

The applicant shall cooperate with the Investigating Officer.

10.

The applicant shall not influence the witnesses or the course of investigation.

3 aba235.20 11.

The applicant shall not leave the country without permission of the jurisdictional Court.

JUDGE adgokar