GANGADHAR BALWANT THAKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PRAMILA was the daughter of one Pundalik Hari Aher of Village Sograj, Taluka -Chandwad and she was married to Vivek son of the present petitioner on 30th April 1996. Pramila, her husband Vivek and petitioner and his wife were staying together. On 10th September 1996, dead body of Pramila was found in hanging position inside the house and, therefore, matter was reported to the police. Parents of Pramila were also informed about the same. During the course of postmortem examination, it was found that Pramila died of throttling, though in fact body was found in hanging position. Father of Pramila lodged complaint in the police that there was harassment to Pramila by her in-laws on the ground that the she should bring certain colour T.V. and golden ornaments etc. Not only that, but on the date of incident at about 11 a.m. a telephone message was received from Pramila and her mother talked with her on phone, wherein Pramila disclosed that harassment has increased to such an extent that it was unbearable for her to stay there and whether she should leave the matrimonial house and come to stay with the parents. Therefore, after investigation, it was found that in fact Pramila was throttled and then kept hanging, thereby suggesting that she has committed suicide.

(2.) THE petitioner, his wife and son Vivek came to be arrested in this connection and they had applied for grant of bail to the Sessions Court, Nasik Petitioner's wife came to be released on bail because she was a woman, while bail applications of the petitioners and Vivek came to be rejected, and therefore, present application has been filed.

(3.) SMT .Joshi, APP for the Respondent-State strongly opposed the application. It was submitted that this is a custodial death and presumption would arise that death has been caused by persons in whose custody Pramila was residing. Further more, complaint of the father of Pramila would go to indicate how she was harassed for the purpose of meeting the demands and on the day of incident itself, there was a phone call from the deceased to her mother where in she disclosed that there was unbearable harassment by the in-law and she desires to leave the house. Mrs.Joshi also pointed out from the statement of one Pendharkar a witness, that the petitioner was not present in the second meeting, though he was present in the first meeting.