Sharad Popat Walke v. The State Of Maharashtra

Ethape 1/3 904.ABA.2684.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2684 OF 2019 Sharad Popat Walke .. Applicant Vs.

The State Of Maharashtra .. Respondent ......

Mr. Santosh G. Pawar, Advocate for Applicant. Mr. H. J. Dedhia, A.P.P. for the State-Respondent. ......

CORAM : PRAKASH D. NAIK, J.

DATE : 09th DECEMBER 2019 PC.

This is an application for Anticipatory Bail in C.R. No. 917 of 2019 registered with Lonikand Police Station, Tal- Haveli, Dist. Pune for the ofence punishable under Section 306 of the Indian Penal Code ("IPC", for short).

2.

The First Information Report was lodged by the brother of the deceased. The deceased was married to the applicant in 2002. Out of wedlock they have 16 year old daughter, who is studying in 11th standard.

3.

It is alleged that the applicant was taunting the deceased on her dark skin. She committed suicide on 10th October 2019.

Ethape 2/3 904.ABA.2684.19.doc 4.

Perused the First Information Report. The marriage was solemnized 17 years ago. There are no previous complaints. The brother of the deceased had alleged that the applicant was harassing deceased on colour of skin by stating that she is dark. 5.

Learned APP submits that, the First Information Report mentions the nature of allegation, which had compelled the deceased to commit suicide. It is pertinent to note that, the incident had occurred after a period of 17 years from the date of marriage. Taking into consideration the aforesaid circumstances, custodial interrogation of the applicant is not necessary. 6.

Hence, I passed the following order.

ORDER

(i) Anticipatory Bail Application No. 2684 of 2019 is allowed; (ii) In the event of arrest of applicant in C.R. No. 917 of 2019 registered with Lonikand Police Station, Tal- Haveli, Dist. Pune, the applicant be released on bail on furnishing PR bond in the sum of Rs. 25,000/- with one or more sureties, in the like amount;

Ethape 3/3 904.ABA.2684.19.doc (iii) The applicant shall report Investigating Oficer from 16th December 2019 to 19th December 2019 between 10:00 am to 1:00 pm and thereafter, as and when called for till fling of charge sheet.

(iv) Anticipatory Bail Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)