Rajendra Manohar Bankar v. The State Of Maharashtra

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 240 OF 2015 Rajendra Manohar Bankar ... Applicant vs.

The State of Maharashtra ...

Respondent Mr. Tushar Jadhav, Advocate for the applicant. Mr. Arfan Sait, APP for the State.

CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 1st April, 2015.

P.C.

This Application is moved for anticipatory bail, as the applicant /accused is prosecuted for the offences punishable under sections 498A, 306, 34 of the Indian Penal Code, which is registered at C.R. No. 271 of 2014 with Khed Police Station, Pune Grahim. One Sujata Bankar, sisterin-law of the applicant/accused has committed suicide on 24th November, 2014, as she was continuously harassed and tortured by the applicant/accused and co-accused for various reasons. She had married to the brother of the applicant/accused in the year 2007. The relations between the deceased and her husband were very good. When she committed suicide, she was pregnant.

2.

The learned counsel for the applicant/accused has submitted that the applicant/accused is suffering from physical ailment and was

operated on 12th November, 2014 and he was under the medication for three months. It is further submitted that the role attributed to the applicant is not specific. There are general allegations and therefore, he be protected by pre-arrest bail.

3.

Learned APP submitted that at the time of suicide, the deceased was pregnant. The informant-father has taken the name of applicant/accused that he is the one who used to assault her with kick and fist blows and also abused her.

4.

Perused the FIR. It appears that the applicant/accused and coaccused used to demand money from the deceased and her father used to give money from time to time. They used to comment on the behaviour of the deceased. There were quarrel on 24th November, 2014 and thereafter she committed suicide. There are allegations made against the applicant/accused that he has also participated in the harassment and abused her. The father-in-law, mother-in-law and sisterin-law were arrested and now they are bailed out. I do not think that in this case custodial interrogation is required. Hence, I am inclined to grant pre-arrest bail to the applicants/accused on the following terms and conditions:

O R D E R

(i) In the event of arrest, the applicant/accused be enlarged

on bail on furnishing P.R. Bond in a sum of Rs.15,000/- with one or two sureties in the like amount.

(ii) The applicant shall not tamper with the evidence. (iii) The applicant shall not pressurize the complainant-father. (iv) The applicant shall not indulge into any criminal activity. (v) The applicant shall attend the concerned police station on every Tuesday between 4 pm. to 6 pm. for one month and shall cooperate the investigating officer.

5.

The Application stands disposed of on above terms. (MRS. MRIDULA BHATKAR, J.)