V.G.PALSHIKAR,J. - (1.) THIS is an application for anticipatory bail under Section 438 of Cr.P.C.
(2.) THE application is opposed apart from the Public Prosecutor, also by Shri Mridual Jain, appearing on behalf of the complainant, who is brother of the deceased -wife. The deceased Santosh was married on 3.12.92 to one Subhash. This Smt. Santosh was reported dead on 23.10.94. It was communicated to her relations that she has met accidental death by falling into the well. One, Satish, her real brother informed the police that the death is not natural and investigation should take place. Accordingly, the police investigated into the allegations and during the course of investigation recorded statements of several persons, Post Mortem was conducted and F.S.L. report was obtained. On consideration of the entire investigation papers, the police came to a conclusion that offence Under Section 306 of IPC is made out only against one accused Ram Prashad. A challan, therefore, was filed against that accused. On 28.2.95 cognizance was taken against the accused Ram Prashad Under Section 306 of IPC. Thereafter, case was committed for trial and the learned Sessions Judge framed a charge Under Section 396 of IPC against the accused Ram Prashad.
(3.) IT will be therefore, seen that the police has chosen to file challan only against one person from the several persons named in the FIR lodged in the police station on telephone by Satish. Satish reached the village Ratan Nagar and lodged a written report with the police that his sister has been tortured to death for dowry by the persons named in the complaint, and therefore, they should be penalised. When the challan was filed against only one person, an application was moved by the complainant Satish seeking action against the alleged persons. However, later on, he withdrew the application and chose to file a fresh and seperate complaint before the competent criminal Court against all the present applicants. He, therefore withdrew the prayer made before the Magistrate for taking cognizance.;