Sitabai Dattatray Lande And ORS v. The State Of Maharashtra

1 910-ABA 1921-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1921 OF 2019 Sitabai Dattatray Lande & Ors.

] ... Applicants

Versus

The State of Maharashtra ] ... Respondent Mr. Satyam Nimbalkar i/b Mr. Rohan Hogle a/w Mr. Shivam Nimbalkar, Advocate for the Applicants.

Mr. Prashant Jadhav, APP for the State/Respondent. PI Manoj Yadav attached to Ranjangaon MIDC Police Station, Pune Rural present.

CORAM :- SARANG V. KOTWAL, J.

DATE :- 30 th AUGUST, 2019.

P. C. :- 1.

The applicants are seeking anticipatory bail in connection with C.R.No.248/2019 registered with Ranjangaon M.I.D.C. Police Station, Pune Rural u/sec. 498 A, 306, 323, 504, 506 r/w 34 of I.P.C. 2.

The FIR is lodged by one Sangita Chaher in respect of commission of suicide of her daughter Madhuri. She has stated that, Madhuri got married with one Dnyaneshwar Lande on 19/03/2012. Applicant No.1 is Dnyaneshwar's mother. Applicant No.2 is his brother. Applicant No.4 is his cousin and Applicant No.3 is Accused No.2's wife. The informant has stated that, she had spent Rs.7 Lakhs

2 910-ABA 1921-19.doc as marriage expenses. Madhuri and Dnyaneshwar resided with Dnyaneshwar's family including first three applicants. However, within a year, Applicant Nos.1 to 3 forced Dnyaneshwar and Madhuri to leave the house. Mediation by relatives failed and Madhuri and her husband Dnyaneshwar started residing in old house near the applicants' house. It is alleged that, Dnyaneshwar started harassing her for demand of money. In the year 2014, Madhuri delivered her son. But none of the applicants came to see her. It is alleged that, Dnyaneshwar was demanding Rs.5 Lakhs for constructing a house. The informant's husband paid bills for materials bought for construction. It is further alleged that, Dnyaneshwar obtained Rs.1 Lakh from informant's brother-in-law.

After constructing the house, some of the rooms were given on rent and the rent was deposited with Applicant Nos.2 and 3. All these applicants started ill treating Madhuri. It is alleged that, Applicant No.4's name is wrongly mentioned in the FIR as Rajabhau Pachunkar. He also joined in the harassment. In the Remand Report of accused Dnyaneshwar his name is corrected and Applicant No.4's name was mentioned. Applicant No.4 was allegedly instigating Dnyaneshwar to harass the deceased. It is alleged that, the applicants started taunting her regularly.

3 910-ABA 1921-19.doc Dnyaneshwar continued demanding money. Ultimately on 15/07/2019 Madhuri committed suicide. On this basis, the FIR is registered.

3.

Heard Mr. Satyam Nimbalkar, Ld. Counsel for the Applicant and Mr. Prashant Jadhav, Ld. APP for the State/Respondent. 4.

Mr. Nimbalkar submitted that, entire allegations are directed against Madhuri's husband Dnyaneshwar. The present applicants have not committed any offence even as per the allegations in the FIR. He submitted that, therefore custodial interrogation of the applicants is not necessary.

5.

Ld. APP opposed these submissions and added that Dnyaneshwar was having extra marital affair and all these applicants supported him and did not support the deceased. There are allegations that, she was harassed by all the applicants. 6.

I have considered these submissions. The FIR itself shows that, Applicant Nos.1 to 3 had asked the deceased to leave the house with her husband Dnyaneshwar. Therefore, this cannot mean that the

4 910-ABA 1921-19.doc deceased was targeted by these applicants. This in fact shows that, the applicants were residing separately from deceased and her husband Dnyaneshwar. There are no allegations that, the applicants have made any demand from informant's family. All the allegations of demand of money are directed against Dnyaneshwar. Thus, the allegations in the FIR are general and at this stage, the offence is not clearly made out against the present applicants. Their custodial interrogation is not necessary. The husband Dnyaneshwar is already arrested. In this background, the applicants are protected by anticipatory bail. Hence, the following order.

ORDER

1.

In the event of their arrest in connection with C.R.No.248/2019 registered with Ranjangaon M.I.D.C. Police Station, Pune Rural, the Applicants are directed to be released on bail on their executing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one or two sureties each in the like amount. 2.

Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)