Gaurav Appa Savkar And ANR v. The State Of Maharashtra
1/9 Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1589 OF 2017 1)Gaurav Appa Savkar 2)Sunita Appa Savkar ..Applicants.
Vs.
The State of Maharashtra ..Respondent WITH MISC.CRIMINAL APPLICATION NO.696 OF 2017 IN BAIL APPLICATION NO.1589 OF 2017 Bhagwanrao Mahadeo Patil ...Applicant.
WITH BAIL APPLICATION NO.1969 OF 2017 Appa Ramchandra Savkar ..Applicant.
Vs.
1)The State of Maharashtra 2)Bhagwanrao Mahadeo Patil
...Respondents.
----------- Mr. J. Shekhar i/b J. Shekhar & Co for Applicants. Ms. A.A. Takalkar APP for State.
Ms. Sneha Sanap for Original Complainant.
Mr. Mainkar, P.I., Nashik Crime Branch present. -----
2/9 CORAM: A.S. GADKARI, J.
DATE : 27th September 2017.
P.C.
1] The aforestated applications namely Bail Application Nos.1589 of 2017 and 1969 of 2017 under Section 439 of Cr. P.C. are for bail in CR No.I-92 of 2017 dated 3.4..2017 registered with Satpur Police Station, District- Nashik under Section 304(B), 306, 406, 498A, 323, 504, 506 read with 34 of the Indian Penal Code and under Section 3 and 4 of Dowry Prohibition Act 2] Heard the learned Counsel for the applicant, learned Counsel for the Intervener/first informant and the learned APP. Perused the chargesheet annexed to the applications.
3] Applicant No.1-Gaurav Appa Savkar and Applicant No.2-Smt. Sunita Appa Savkar in Bail Application No.1589 of 2017 are the husband and mother-in-law of deceased Smt. Aarti respectively. Applicant Ramchandra Savkar in Bail Application No.1969 of 2017 is the father-inlaw of deceased Smt. Aarti. 4] It is the prosecution case that, Gaurav and Smt. Aarti got married as per Hindu religion on 2.1.2016. That after their marriage, the
3/9 applicants started demanding money and gold-ornaments from her. That the applicants used to taunt her about deficit in making the dowry at the time marriage assured by her father. The applicants used to pass sarcastic comments on deceased Smt. Aarti. They also used taunt deceased about her father's financial capability. That the Stridhan received by Smt. Aarti from her parents during marriage was taken away by the applicants and they did not permit her to use the said ornaments. That the applicants made life of Smt. Aarti miserable. That due to consistent demand of dowry and beating at the hands of applicant-Gaurav, she was fade-up and committed suicide by hanging on 2.4.2017 before 5.30 p.m at her matrimonial house. The first information report is lodged by Shri Bhagwanrao Mahadeo Patil, father of deceased Smt. Aarti on 3.4.2017.
During the course of investigation, police have arrested applicants on 3.4.2017 and after completion of investigation, the police have submitted chargesheet. 5] Mr. Jagtap, the learned Counsel for the applicants submitted that in her suicide notes which are seized by the police and annexed at page Nos.54 and 55 of Application No.1589 of 2017, deceased Smt. Aarti has clearly not blamed the applicants as a reason for her committing suicide.
4/9 become incompatible with Gaurav and therefore there was no alternative than to commit suicide. He submitted that, therefore applicants cannot be strictly held responsible for abetment for an offence punishable under Section 306 of the Indian Penal Code. He submitted that normal ware and tare in marital life is imperative and that cannot be strictly construed as abatement and/or instigation to commit suicide. He further submitted that the financial condition of the applicants herein was and is much better than that of deceased Smt. Aarti and her parents. That applicant-Gaurav had also taken out Medical Insurance policy of the deceased Smt. Aarti prior to her death which shows that, Gaurav was having care and affection for his wife Smt.
Aarti and his financial stability and therefore allegations of demand of dowry and harassment at the hands of applicants in pursuance thereof cannot be taken into consideration as a factor in commission of suicide by Smt. Aarti. He submitted that the first informant i.e. father of deceased has improved his version in his supplementary statement which was recorded after the gap of 15 days i.e. 18.4.2017. He further submitted that the investigation of the present crime is completed and police have submitted chargesheet and there is no possibility of witnesses being either tampered with or abscontion of the applicants who are respected citizens of the city. He therefore prayed that the applicants may be released on bail.
5/9 6] Ms. Sneha Sanap, the learned Counsel for the first informant/complainant vehemently opposed both the applications for bail and submitted that the applicants are sufficiently rich to influence the witnesses and as a matter of fact are able to influence the witnesses from the vicinity, where the offence has been committed. Se submitted that the marriage between Gaurav and Smt.Aarti was solomnized on 2.1.2016 and Smt. Aarti committed suicide on 2.4.2017 i.e. within a period of 15 months. She submitted that the applicants used to demand dowry and other ornaments from deceased regularly. As their demands were not fulfilled, applicant-Gaurav used to beat her on trifle grounds. She submitted that as the applicants made life of Smt. Aarti miserable, there was no other option for her than to take the extreme step of ending her life.
She submitted that if the applicants are released on bail, they will certainly tampere with the evidence and which ultimately frustrate the prosecution case and the tiral and therefore the applicants may not be released on bail. She therefore prayed that both the applications for bail may be rejected. 7] Learned APP for State supported the contentions raised by the learned Counsel for the Intervener/Complainant and also vehemently opposed both applications for bail and submitted that both the applications may be rejected.
6/9 8] The record indicates that the Medical Officer after performing the postmortem examination on the dead body of deceased Smt. Aarti, has expressed his opinion for cause of death as "Asphyxia due to hanging via ligature mark which is antemortem in nature, fresh in duration". The death of deceased was thus a suicidal death by hanging. Since Smt. Aarti committed suicide within 7 years from the date of marriage, the provision of Section 304-B of IPC is also applied to the present crime. The record further inticates that in the first information report lodged by Shri Bhagwanrao M. Patil, the father of deceased Smt. Aarti, it has been stated that applicant No.2-Smt. Sunita Savkar in B.A. No.1589 of 2017 and applicant-Shri Appa Savkar in B.A. No.
1969 of 2017 used to demand dowry which was assured him and used to pass sarcastic comments about non-fulfillment of the said dowry. However, in his supplementary statement which was recorded after a gap of about 15 days, prima facie it appears that, Shri Bhagwanrao Patil made improvements in his earlier statement and has stated that on 2.4.2017 he had given a call to Smt. Aarti wherein Smt. Aarti had expressed anguish about consistent harassment which is being meted out to her by her in-laws, her life become miserable and also stated to him that on 2.4.2017 her husband-Gaurav had also beaten her.
7/9 9] There are two suicide notes on record. Plane reading of the said suicide notes would indicate that deceased Smt. Aarti has categorically stated that she has love and affection towards Gaurav , however, her life with Gaurav is incompatible and due to which she decided to end her life. The suicide notes clearly indicate that, because Gaurav failed to take her care and protect her from consistent demand of dowry and/ or fulfillment of his demand and therefore she decided to end her life. The contents of the suicide notes are self-explanatory. The statements of witnesses clearly points out the fact that the applicant-Gaurav used to beat her on trifle grounds. Deceased Smt. Aarti had mentioned the said facts to her friends who are witnesses in the present crime. It is to be noted here that prior to commission of suicide i.e. 5.30 p.
m of 2.4.2017, deceased had given a call to witness-Trupti R. Patil who is sister-in-law of deceased and had informed that her that husband Gaurav is continuously quarreling with her and beating her since yesterday and therefore she was fade-up with it. 10] After taking into consider the material available on record, prima facie it appears that the allegations against Applicant No.2-Smt. Sunita Appa Savkar in Bail Application No.1589 of 2017 and ApplicantAppa Savkar in Bail Application No.1969 of 2017, are mainly for demand of dowry and alleged harassment for non-fulfilling the same.
8/9 applicant-Gaurav is concerned, the record clearly indicates that deceased Smt. Aarti in her suicide note has put blame on him and it is the Gaurav who is her husband with whom her life had become incompatible which led her life frustrated and led her to take extreme steps of ending life. 11] In view of aforestaed facts and considering age of the applicants namely Smt. Sunita Savkar who is aged about 54 years and Shri Appa Savkar who is aged about61 years, this Court is of the view that, the said applicants can be released on bail. However, as far as the applicantGaurav is concerned, in view of the totality of facts and circumstances of the present case and in view of the suicide notes of deceased Smt. Aarti, in view of this Court he does not deserve to be released on bail and his application is rejected.
12] Hence, the following Order:
(1) Application for bail of the applicant/husband Gaurav Savkar in Bail Application No.1589 of 2017 is rejected. (2) The applicant No.2-Smt. Sunita Savkar in B.A. No.1589 of 2017 and applicant-Shri Appa Savkar in B.A. No.1969 of 2017 be released on bail in CR No. I-92 of 2017 registered with Satpur Police Station, District-Nashik on their furnishing P.R. Bond of Rs.25,000/- each with one or two separate solvent local sureties in the like amount.
9/9 (3) After their release from jail, the applicants namely Smt. Sunita Savkar and Shri Appa Savkar shall attend Crime Branch Unit No.2, Nashik on first Monday of every month between 11.00 a.m. to 2.00 p.m. (4) Both applicants shall also attend all the dates before the Trial Court.
(5) Any two consecutive defaults in complying with the aforesaid conditions, shall attract the provisions of cancellation of bail. (6) Both the said applicants shall not tamper with the evidence and/or influence the prosecution witnesses.
13] Both bail applications are disposed off in the aforesaid terms. 14] In view of disposal of bail applications, Mis.Criminal Application No.696 of 2017 does not survive and the same is also disposed off.
(A.S. GADKARI,J.)