Renuka @ Pranali Bharat Talekar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3055 OF 2021 Renuka @ Pranali Bharat Talekar ...Applicant
Versus
The State of Maharashtra
...Respondent
......
Mr.Aniket Vagal for the Applicant.
Mr. A.A.Palkar, APP for the Respondent -State. ......
CORAM : V.G.BISHT, J.
RESERVED ON : 15TH NOVEMBER, 2021 PRONOUNCED ON : 18TH NOVEMBER, , 2021 PC:- 1.
The present application has been moved by the applicant under Section 439 of the Code of Criminal Procedure in Crime No. 384 of 2021 registered with Yavat Police Station, Pune Rural for the offences punishable under Sections 302, 307, 201 read with 34 of the Indian Penal Code (the IPC).
2.
Case of the prosecution is that on 27.04.2021, accused, namely, Sachin Dilip Sonawane, Renuka @ Pranali Bharat 1/5
Talekar (applicant) and one unknown woman assaulted Jyoti @ Leena Sachin Sonawane (since deceased), sister of informant, and pushed her on the floor. It is further alleged that the husband of deceased, namely, accused Sachin Sonawane then strangulated her with the help of a rope. However, children i.e. son and daughter of the deceased were taken to another room and their father assured them that he will not do anything to them and asked them to sleep. When the son of deceased told his father that he would reveal the incident to his grandfather, accused Sachin Sonawane strangulated his son with the help of a stole and hanged him to the ceiling fan of the bedroom. Even he also hanged his wife to the ceiling fan in the kitchen with the help of a rope. When the daughter, namely, Vaishnavi @ Purva Sachin Sonawane tried to raise commotion, the present applicant pressed her mouth with the help of pillow, however, she was able to make her escape good. Later on, said Vaishnavi informed the incident to informant and thereafter, First Information Report (FIR) came to be lodged.
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3.
Mr. Vagal, learned Counsel for the applicant, submits that role of the present applicant is very limited if the case of prosecution is taken as a whole. According to learned Counsel, the main accused, according to prosecution, is husband of the deceased. Investigation is practically completed. The applicant being a woman having two little children therefore deserves to be released on bail, urged learned Counsel.
4.
Mr. Palkar, learned APP, on the other hand, submits that the applicant assisted the main accused in committing murder of wife and son. FIR is consistent with the statement of witness, namely, Vaishnavi @ Purva Sachin Sonawane recorded under Section 164 of the Code of Criminal Procedure (for short, "the Cr.P.C.) before learned Judicial Magistrate (Court No.2), Daund, District - Pune. There being no merit in the application, the same is liable to be rejected. 5.
Perused FIR and the investigation papers including statement recorded under Section 164 of the Cr.P.C of eye 3/5
witness, namely, Kum.Vaishnavi@ Purva Sachin Sonawane, who is none other than the daughter of accused Sachin Sonawane. It is apparent that main accused in the whole incident is father of Kum. Vaishnavi @ Purva Sachin Sonawane, who not only firstly strangulated his wife but also his son when the son told him that he would reveal the incident of beating of his mother by him to his grandfather. 6.
It is also apparent from the FIR and as also the statement of Kum. Vaishnavi @ Purva Sachin Sonawane that after strangulating the deceased wife and deceased son, accused Sachin Sonawane hanged them on a ceiling fan of kitchen. Only role attributed to the present applicant is that when Kum. Vaishnavi tried to raise commotion, this applicant tried to gag her mouth with the help of a pillow, however, latter made her escape good and informed the incident to informant.
7.
There is no prima facie evidence to suggest, as is argued by learned APP, that the present applicant assisted the main accused, namely, Sachin Sonawane and enabled him to 4/5
commit the murder of deceased wife and deceased son. 8.
Having regard to the material on record, in my considered opinion, the applicant has made out a case for bail. Hence, the following order :
ORDER
(i)Applicant- Renuka @ Pranali Bharat Talekar shall be released on bail in C.R. No. 384 of 2021 registered with Yavat Police Station, Pune Rural on her executing P.R. Bond in the sum of Rs. 25,000/- with one or two surety/ sureties in like amount. (ii)The applicant shall not tamper with prosecution evidence.
(iii)Parties to act on copy of this order duly authenticated by the Sheristedar of this Court. (iv) The application is allowed in the aforesaid terms.
(V.G.BISHT, J. ) Digitally signed by TRUPTI SADANAND BAMNE Date:
2021.11.18 20:10:23 +0530 TRUPTI SADANAND BAMNE 5/5