← Library
Bombay High CourtABA/528/2018others disposed off

Kiran Vinayak Malusare And ORS v. The State Of Maharashtra

2019-01-04Hon'Ble Shri Justice Prakash D. Naik2 pages

Sknair 7-aba-528-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 528 OF 2018

1. Kiran Vinayak Malusare

2. Vinayak Ramchandra Malusare

3. Vishal Vinayak Malusare ... Applicants Vs.

State of Maharashtra ... Respondent ...

Mr. Sunilkumar J. Kanojiya for the applicant. Ms. A.A. Takalkar, APP for the Respondent-State. Mr. B.M. Ghadake, API, Kasturba Marg Police Station is present. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 4th JANUARY, 2019.

P.C.

1.

The applicants are apprehending in arrest in connection with CR No. 478 of 2017 registered with Kasturba Marg Police Station for the offence punishable under Section 498(A), 323, 504 read with 34 of Indian Penal Code. The first information report was lodged on 15th November, 2017. The marriage between the applicant No.1 and the complainant was solemnzied on 26th August, 2012.

2.

Applicant No.1 is the husband. Applicant No.2 is father in law and applicant No.3 and 4 are brother in law of the

Sknair 7-aba-528-18.odt complainant.

Apparently, there are several matrimonial proceedings pending between the parties under the Domestic Violence Act and other proceedings are pending before the family Court. Applicant was granted interim protection by order dated 21st March, 2018. Considering the nature of allegations, interim order dated 21st March, 2018 deserves to be confirmed. Hence, I pass the following order

ORDER

i) Anticipatory Bail Application No. 528 of 2018 is allowed. ii) Interim order dated 21st March, 2018 is confirmed. iii) In the event of arrest of the applicants in connection with CR No. 478 of 2017 registered with Kasturba Police Station, the applicants be released on bail on furnishing PR bond of Rs.15000/- (Rs. Fifteen Thousand) each with one or more sureties in the like amount;

iv) The applicant shall not tamper with the evidence nor pressurize the prosecution witnesses;

v) Application stands disposed off.

( PRAKASH D. NAIK, J. )