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Bombay High CourtABA/227/2023allowed

Sreeja Krishna Prasad And ANR v. State Of Maharashtra

2023-01-24Hon'Ble Shri Justice M. S. Karnik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2023.01.25 10:09:14 +0530 URMILA PRAMOD INGALE ANTICIPATORY BAIL APPLICATION NO. 227 of 2023

1. Sreeja Krishna Prasad

2. Anjali Krishna Prasad

3. Krishna Prasad Narayan ..Applicants VS.

The State of Maharashtra ..Respondent ------------ Mr. A.Z. Mookhtiar a/w Mr. V.M. Parkar, for the Applicant. Mr. S. H. Yadav, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : JANUARY 24, 2023 P.C. :

1.

Heard learned counsel for the applicants and learned APP.

2.

This is an application for pre-arrest bail. The applicants are apprehending arrest in connection with FIR No.1021 of 2022 dated 30/09/2022 registered with Dindoshi Police Station for offence punishable under sections 354B, 354, 324, 323, 504, 34 of the Indian Penal Code, 1860.

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3.

Applicant no. 1 is the wife of applicant no. 3. Applicant no. 2 is the daughter of applicant no. 3. The applicants and the complainant are residing in the same society. There is dispute over parking of vehicles going on for quite some time. My attention is invited to the order dated 29/09/2014 passed by the Co-operative Court No. IV at Mumbai where certain orders are passed regarding parking of vehicles of the applicants. That issue also pertains to same dispute between the applicant and complainant.

4.

There are cross cases filed. It is alleged that there was a quarrel between the applicant and complainant which resulted in the assault. The complainant suffered simple injury. Applicant no. 2 is alleged to have suffered fracture injury when she was assaulted by the complainant. Considering the nature of the accusations, cross FIRs registered, in the present facts, custodial interrogation of the applicants is not required. Hence, the following order.

O R D E R

(a) The application is allowed.

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(b) In the event of arrest of the applicants in connection with FIR No. 1021 of 2022 dated 30/09/2022 registered with Dindoshi Police Station, the applicant No.1 - Sreeja Krishna Prasad, applicant no. 2- Anjali Krishna Prasad and applicant no. 3Krishna Prasad Narayan be released on bail on their furnishing P.R. Bond in the sum of Rs.15,000/- each with one or more sureties in the like amount; (c) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence;

(d) The applicant no. 3 to report to the investigating officer on 30th and 31st January 2023 between 11.00 a.m. and 1.00 p.m. and thereafter as and when called for.

5.

The anticipatory bail application is disposed of. (M. S. KARNIK, J.) 3/3