Shivaji Dnyaneshwar Kautkar v. The State Of Maharashtra

1/4 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.374 OF 2016 1.

Shivaji Dnyaneshwar Kautkar 2.

Kailas Dnyaneshwar Kautkar 3.

Asha Shivaji Kautkar 4.

Suvarna Babaji Kautkar ...Applicants

Versus

The State of Maharashtra

...Respondent

Mr.V.B.Shivarkar, for the Applicants Ms. R.M.Gadhavi, A.P.P for the Respondent-State CORAM : REVATI MOHITE DERE, J.

DATE : 30th MARCH, 2016 P.C. :

1.

Heard learned Counsel for the applicants and the learned A.P.P. 2.

By this application, the applicants seek pre-arrest bail in connection with C.R. No. 63 of 2016 registered with the Talegaon Dabhade Police Station, Pune, for the alleged offences punishable under Sections 306, 323, 498A, 504, 506 r/w 34 of the Indian Penal Code.

2/4 3.

The deceased was married to Tanaji D. Kautkar on 30th January, 2012. According to the complainant, who is the mother of the deceased - Priyanka, all the accused were ill-treating the deceased and demanding an amount of Rs.2,00,000/- for purchase of a pick-up van. It appears that some proceedings were filed by the deceased in the Court of JMFC, Maval, as against the applicants and others on 13th April, 2015. The incident in question has taken place on 14th February, 2016. 4.

Learned Counsel for the applicants submitted that the allegations against all the accused are general in nature. He submitted that since one year prior to the incident, the deceased was residing at her maternal home where she committed suicide.

5.

Learned APP submitted that in the FIR, there are few allegations against Applicant no.2 to the effect that they had verbally abused the deceased and had threatened her with dire consequences. She submitted that on the very same day when the deceased was threatened, the deceased committed suicide.

3/4 6.

Perused the papers. It appears that the deceased was married to Tanaji D. Kautkar, sometime in the year 2012 and she left her matrimonial home approximately one year prior to the incident. The deceased committed suicide on 14th February, 2016, when she was in her maternal home by hanging herself.

7.

Considering the nature of allegations, qua the applicants, which are more or less general in nature, the applicants are granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.20,000/- each with one or two sureties in the like amount ;

(ii) The applicants shall report to the Investigating Officer, on every Saturday, between 10.00 a.m. to 11.00 a.m., till the filing of the charge-sheet;

(iii) The applicants shall not tamper or attempt to influence the

4/4 complainant, witnesses or any person concerned with the case. 8.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

9.

It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 10.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.