Dinesh Ashok Kudtarkar And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1498 OF 2021 1.

Dinesh Ashok Kudtarkar

2. Jue Dinesh Kudtarkar@ Jue Prakash Narkar .... Applicants

Versus

The State of Maharashtra .... Respondent ______ Smt. Tripti R. Shetty, for the applicant.

Mr. S.S. Pednekar, APP for the State/Respondent. ______ CORAM:SARANG V. KOTWAL, J.

DATE : 26th JULY, 2021 P.C. :

1.

The Applicants are seeking anticipatory bail in connection with C.R.No. 21 of 2021 registered at Malwani Police Station, Mumbai, on 07/01/2021, under sections 406, 323, 504 read with Section 34 of the Indian Penal Code.

2.

Heard Smt. Tripti R. Shetty, learned counsel for the applicants and Mr. S.S. Pednekar, learned APP for the

State.

3.

The FIR is lodged by Jayshree Narkar. The applicant No. 2 is daughter of the frst informant and applicant No.1 is son-in-law of the frst informant. The FIR shows history of relationship between the informant and the applicant No. 2. According to the frst informant, the applicant No. 2 was addicted to liquor and she used to take expensive articles from her. The informant lost her husband in May 2020. There are allegations that on 15/05/2020 when the applicant No. 2 was staying with the informant, at that time the informant had given golden bangles to her. After her husband died, the informant asked the applicant No. 2 to return her bangles but she did not give them back and instead abused her. There was one instance on 01/06/2021 when the applicants had abused and beaten. She had taken some documents from the informant. On this basis the FIR is lodged. 4.

Learned Counsel for the applicant submitted that it is a family dispute and out of anger this FIR is

lodged. As per the allegations in the FIR, the informant had given bangles to the applicant No. 2 on 15.05.2020 and the FIR is lodged on 07/01/2021. This delay has remained unexplained and it suggests an after thought on the part of the informant. The applicants have attended the concerned police station and have co-operated with the investigation.

5.

Learned APP Shri Pednekar on the instructions has accepted that the applicants have attended the concerned Police Station and have co-operated with the investigation.

6.

Considering the submissions made by learned Counsel for the applicants and taking into account the fact that the applicants have co-operated with the investigation, their custodial interrogation in this case is not necessary. They can be protected by an order of anticipatory bail.

7.

Hence, the following order :

O R D E R

(i) In the event of their arrest in connection with C.R. No 21 of 2021 registered with Malwani Police Station, the Applicants are directed to be released on bail on their furnishing PR bonds in the sum of Rs.30,000/- each (Rupees Thirty Thousand Only) with one or two sureties each in the like amount.

(ii) The Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)