Santosh S/O. Jagannath Karale v. State Of Maharashtra Thr. Police Station Officer Police Station Shegaon City Dist. Buldana

aba.257.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [ABA] No.257 of 2018 Santosh Jagannath Karale vs.

State of Maharashtra, through P.S.O. Shegaon City, District Buldana =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= OfÏce notes, OfÏce Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.V. Sirpurkar, Advocate for the Applicant. Ms. Ritu Kalia, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 19 th APRIL, 2018.

Heard.

Perused the reply of the prosecution and the case diary. The allegation is that recently, this applicant harassed deceased wife, because she failed to fulfill the illegal demand made by him for bringing of Rs.1.00 lakh from her parents in order to enable this applicant to purchase a piece of land. This applicant and the deceased were married for last about 18 years. There is no allegation that previously this applicant used to subject deceased-wife to cruelty on account of some illegal demand. So, I am of the view that there is a doubt about the presence of instigation requisite for prima facie constituting the offence of cruelty contemplated under Section 306 read with Section 498-A of the Indian Penal Code.

aba.257.18 2/2 Even otherwise, the custodial interrogation of the applicant would not be required. The applicant has roots in the society. There are no criminal antecedents to him.

I am of the view that the application can be granted. Hence, the application is allowed and the interim anticipatory bail granted to the applicant by this Court on 12th April, 2018 is hereby confirmed on the same conditions.

The application is disposed of.

JUDGE *sandesh