Sreedhar Veeraswamy Kothapalli v. The State Of Maharashtra

Osk 51-Wp-1068-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1068 OF 2024 Sreedhar Veeraswamy Kothapalli ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents Mr. A. K. Singh a/w. Mr. Piyush Singh for Petitioner. Ms. A. A. Takalkar, A.P.P. for Respondent-State. Mr. Zeeshan Siddique for Respondent Nos.4 & 5 (Through V.C.). Smt. Chitra V. Kothapalli @ Chitra Satyamurti (Corpus) through V.C. P.S.I. Mr. Balaji Digole, Kondhawa Police Station, Pune. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 10th April 2024.

P.C. :

1) At the outset, learned A.P.P. tendered across the bar a compilation of documents, which includes a statement dated 3rd January 2024 of said corpus namely, Smt. Chitra Veera Swami Kothapalli @ Chitra Satyamurti, aged about 77 years. In her statement Smt. Chitra Veera Swami Kothapalli has stated that, her stepdaughter and stepson (Petitioner) are interested more in her property and are raising claim over it. The statements of Mr.Anil Josef Kamble, Mr.Shaikh Matin Gaffar & Ms.Archana Suresh Gaikwad are also annexed to the said compilation. 1.1) It appears that, therefore the police have recorded the statements of Mr.Anil Josef Kamble, Mr.Shaikh Matin Gaffar & Ms.Archana 1/3

Osk 51-Wp-1068-2024.doc Suresh Gaikwad. The said statements are annexed to the said compilation. The said compilation is taken on record.

2) The corpus namely Smt. Chitra Veera Swami Kothapalli @ Chitra Satyamurti is present through Video Conferencing (V.C.) before this Court. She has attended this Court through V.C. facility provided by her Advocate at Pune, namely, Mr. Iliyas Deshmukh. The corpus and Advocate Mr. Iliyas Deshmukh have been identified as the same persons by Advocate Mr. Zeeshan Siddique, who is also appearing through V.C.. 3) We had interaction with the corpus namely Smt. Chitra Veera Swami Kothapalli @ Chitra Satyamurti. She informed us that, she was working as 'Colonel' in Indian Army and retired in the year 2000 from Chandigad base. During the interaction with her, she informed us that, the Petitioner is her stepson from the first wife of her husband. That, she is also having a stepdaughter namely Ms. Shailaja Kamble, who married with Mr. Anil Kamble.

That, her stepson and stepdaughter are more interested in her property and not in her well being. That, she has appointed a caretaker by name Ms. Archana Gaikwad for last eight months and the said caretaker is properly taking her care. That, at present she is happy and satisfied with the services rendered by Ms. Archana Gaikwad. Upon a question by this Court, she informed us that she does not intend or want to reside with the Petitioner and wants to reside at her own in her flat at Pune, which is her self acquired property.

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Osk 51-Wp-1068-2024.doc 4) In view of the above, present Petition for habeas corpus of Smt. Chitra Veera Swami Kothapalli @ Chitra Satyamurti does not survive and is accordingly disposed off.

( SHYAM C. CHANDAK, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2024.04.16 15:55:56 +0530 OMKAR SHIVAHAR KUMBHAKARN 3/3