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Bombay High CourtABA/804/2022disposed off

Balu Dnyandeo Kharat v. State Of Maharashtra

2022-04-01Hon'Ble Shri Justice C.V. Bhadang3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 804 OF 2022 Balu Dnyandeo Kharat ..Applicant V/s.

The State of Maharashtra ..Respondent ---- Ms. Tabassum Shaikh a/w Akshay Dunde, with Sonali Bhosale i/b Expert Jurist LLP for the Applicant.

Mrs. M.R. Tidke, APP for the Respondent/State. ---- CORAM : C.V. BHADANG, J.

DATE : 1 APRIL 2022 P.C.

1.

The Applicant, apprehending his arrest, in Crime No.113/2022 registered with Faltan Rural Police Station, District Satara under Section 306, 323, 504 and 498-A of IPC, is seeking anticipatory bail.

2.

The aforesaid crime is registered on the basis of complaint dated 16.02.2022 lodged by Tayda Navnath Londhe, who is the mother of the deceased Jyoti Kharat. Jyoti Kharat was married to Nitin Kharat, who is the son of the Applicant on 15 February 2015. Jyoti had delivered a child in 2017 and thereafter in 2019. Both these deliveries were done at her matrimonial Sumedh Sonawane page 1 of 3

house. The allegation is that the Applicant being the father-inlaw of the deceased was demanding the expenses of the deliveries from her and as a result of that was physically and mentally illtreating her. Jyoti Kharat committed suicide on 21 January 2022 by hanging. The present complaint is lodged on 16 February 2022.

3.

I have heard learned counsel for the parties. Perused record.

4.

It is true that, there are allegations made by informant against the Applicant of ill-treatment meted out to her daughter Jyoti Kharat on account of the demand for expenses incurred at the time of the two deliveries. However it is necessary to note that the compliant is lodged belatedly on 16 February 2022 when the deceased had committed suicide on 21January 2022. It is further necessary to note that the second delivery of the deceased was in the year 2019 and at least prima facie it does not show that proximate to the commission of the suicide, there was any such ill-treatment. The nature of the allegations would not require the custody for recovery of any articles or otherwise. 5.

Considering the nature of the allegations, I do not find that the custodial interrogation is necessary. Sumedh Sonawane page 2 of 3

6.

In the result, the following order is passed.

ORDER

i) In the event of his arrest, in connection with the investigation of Crime No.113/2022 registered with Faltan Rural Police Station, District Satara, the Applicant Balu Dnyandeo Kharat shall be released on bail on executing a PR Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

ii) The Applicant shall report to the Investigating Officer on 04 and 05 April 2022 between 11.00 a.m. to 1.00 p.m. and as and when required by the Investigating Officer. iii) The Applicant shall co-operate with the Investigating Agency and shall not tamper with the prosecution evidence/witnesses.

iv) The criminal application is disposed of in the aforesaid terms.

(C.V. BHADANG, J.) Sumedh Sonawane page 3 of 3