SANDEEP KHAMCHAND TARTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant in Bail Application No.220/2020 is the husband of the deceased, seeking bail under Section 439 of the Criminal Procedure Code whereas the applicants in Anticipatory Bail Application No.77/2020 are the the mother-in-law and sister-in-law (wife of husband's brother), are seeking anticipatory bail in connection with Crime No.463/2019 registered with Gangapur Police Station, Aurangabad for the offences punishable under Section 498-A , 304B , 323 , 504 and 506 r/w Section 34 of the Indian Penal Code.

(2.) In sum and substance, the allegations are to the effect that the deceased was married to the applicant Sandeep about 4 years prior to the death. She was subjected to cruelty on account of the demand of in-laws for the remainder of dowry of Rs.40,000/-. She was physically and mentally tortured. It is alleged that on 7 December 2019, the deceased had made a phone call to her father and complained about her husband having beaten her. He then came over to her house and stayed there for couple of days. When he requested the applicant Sandeep to let him take the deceased and her son to his house, Sandeep refused to allow the son to be taken. He then alleged that when the informant, father of the deceased approached brother-in-law of the deceased at his shop where even Sandeep was called, while the deceased along with her mother-in-law and the sister- in-law were in the house, she consumed poison and the matter was informed to these three persons in the shop. They rushed home. It is, then, alleged that she disclosed that she was subjected to cruelty for remainder of dowry and fed-up with such persistent illtreatment, she had consumed poison. She was taken to a hospital but succumbed on the next day.

(3.) The learned Advocate for the applicant submits that the husband has been arrested on 23 December 2019. The Investigating Officer must have had sufficient opportunity to interrogate him while being in the custody. Nothing has remained to be discovered or recovered. He is ready to cooperate the Investigating Officer and he may be granted bail.